ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055806
Parties:
| Complainant | Respondent |
Parties | Sophie McGuirk | Farago Limited |
| Complainant | Respondent |
Representatives | Did not attend -no explanation given | Company Mangers |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 | CA-00067883-001 | 04/12/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00067884-001 | 04/12/2024 |
Date of Adjudication Hearing: 09/05/2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 and section 7 of the Terms of Employment (Information) Act, 1994 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The Complainant opted to swear on the Holy Quran. The legal perils of committing Perjury was explained to all parties.
The issue of anonymisation in the published finding of the WRC was considered. It was not deemed necessary.
Opening Note – Non Appearance by Complainant
The Complainant, despite being properly notified of the Date, Time and Place of the Hearing did not attend. No Bona Fide explanations were received , in the three week period post the Hearing at the WRC to explain the non-attendance.
Accordingly as no evidence was presented the case is deemed Legally Not Properly Founded.
It fails.
Decision:
Section 41 of the Workplace Relations Act 2015 and Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 and section 7 of the Terms of Employment (Information) Act, 1994 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions of the cited Acts.
1: CA-00067883-001 - Protection of Employees (Fixed-Term Work) Act, 2003
This Complaint Is Not Properly Founded - it fails
2: CA-00067884-001 - Terms of Employment (Information) Act, 1994
This Complaint Is Not Properly Founded - it fails
Dated: 8TH July 2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Fixed Term Work Act, 2003 , Terms of Employment Information Act,1994 |