ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045174
Parties:
| Complainant | Respondent |
Parties | Jacqueline Kelly | Mark Caffrey |
Representatives | Self | Patrick Branigan Patrick Branigan & Company Solicitors |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00055575-002 | 16/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00055575-003 | 16/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00055575-004 | 16/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00055575-005 | 16/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00055575-007 | 16/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00055575-008 | 16/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00055575-009 | 16/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00055575-010 | 16/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00055575-011 | 16/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00055575-012 | 16/03/2023 |
Date of Adjudication Hearing: 22/05/2025
Workplace Relations Commission Adjudication Officer: Michael MacNamee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 8 of the Unfair Dismissals Acts, 1977 - 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 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.
I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission (“the WRC”) as a body empowered to hold remote hearings.
Background:
The Complainant initiated the above claims by way of Workplace Relations Complaint Form which was received by the WRC on the 16th of March 2023. She alleged that she was employed by the Respondent from the 8th of September 2019 to the date when she alleged that she was dismissed on the 29th of March 2021.
The matter was initially listed for online hearing on the 8th of September 2023. The Complainant appeared representing herself. There was no appearance by or on behalf of the Respondent. However, two letters dated the 14th of May and 21st of July 2023 were received from solicitors acting for the Complainant which clarified that the Respondent would not be appearing or taking part in the hearing. The correspondence raised a number of issues including that the named Respondent was not the Complainant’s employer.
The letters from the Respondent’s solicitors were put to the Complainant as was the issue that all of the claims appeared to be out of time. The Complainant who was unrepresented was unable to deal with the issues. She said that the claims were initiated on her instructions by a representative who was no longer acting for her. The hearing was adjourned to allow the Complainant to consider the issues raised further, to take such advice as she deemed appropriate and to deliver further submissions. In the absence of any further contact from the Complainant the matter was relisted before me for the 22nd of May 2025. On that date there was no appearance by or on behalf of either party. However, letters were written to the WRC by the Respondent’s solicitors prior to the relisted hearing explaining that the Respondent would not be participating in the hearing and raising a number of other issues.
Having ascertained that the Complainant was notified of the time date and venue for the adjudication hearing I proceeded in the absence of the Complainant. |
Summary of Complainant’s Case:
There was no appearance by or on behalf of the Complainant |
Summary of Respondent’s Case:
Here was no appearance by or on behalf of the Respondent |
Findings and Conclusions:
There was no appearance by or on behalf of the Complainant at the adjudication hearing. Accordingly, the Respondent has no case to answer and each of the claims must fail. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
CA-00055575-002 – Claim not well-founded CA-00055575-003 – The Complainant was not unfairly dismissed CA-00055575-004 – The Complainant’s Redundancy Appeal is not upheld CA-00055575-005 - Claim not well-founded CA-00055575-007 - Claim not well-founded CA-00055575-008 - Claim not well-founded CA-00055575-009 - Claim not well-founded CA-00055575-010 - Claim not well-founded CA-00055575-011 - Claim not well-founded CA-00055575-012 - Claim not well-founded |
Dated: 23rd May 2025
Workplace Relations Commission Adjudication Officer: Michael MacNamee
Key Words:
No Appearance |