ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00055296

Parties:

	Complainant	Respondent
Parties	Yaser Mohamed Ahamed	A1 Asian Food

Representatives

Roberta Urbon, Peninsula

Complaints:

Act	Complaint Reference No.	Date of Receipt
femploComplaint seeking adjudication by the Workplace Relations Commission SI No. 494 of 2004 and Clauses 6 of the EC (Working Conditions of Mobile Workers engaged in Interoperable Cross-Border Services in the Railway Sector) Regulations, 2009-SI No. 377 of 200	CA-00066429-001	02/10/2024
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2006	CA-00066429-002	02/10/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00066429-003	02/10/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00066429-004	02/10/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00066429-007	02/10/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00066429-009	02/10/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00066429-011	02/10/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00066429-012	02/10/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00066429-014	02/10/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 81E of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provisions) Act, 2004	CA-00066429-018	02/10/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 86 of the Employment Equality Act, 1998	CA-00066429-019	02/10/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00066429-022	02/10/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00066429-023	02/10/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00066429-024	02/10/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00066429-025	02/10/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00066429-026	02/10/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00066429-027	02/10/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00066429-028	02/10/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00066429-029	02/10/2024

Date of Adjudication Hearing: 15/05/2025

Workplace Relations Commission Adjudication Officer: Bríd Deering

Procedure:

In accordance with section 41 of the Workplace Relations Act, 2015, section 8 of the Unfair Dismissals Acts, 1977 - 2015, and section 79 of the Employment Equality Acts, 1998 – 2015 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 and to present any evidence relevant to the complaints.

On 2nd October 2024 the Complainant presented several complaints to the Workplace Relations Commission (WRC). These complaints were scheduled for adjudication on 15th May 2025 at the hearing rooms of the WRC Office in Carlow. The Complainant did not attend the hearing. The Respondent was in attendance to meet the case. I verified that the Complainant had been served with notice of the time, date, and venue of the adjudication hearing. I waited some time to accommodate a late arrival. As there was no appearance by the Complainant, I closed the hearing. The Complainant did not contact the WRC in advance of or in the days following the scheduled hearing to indicate any difficulty with attending the hearing.

Summary of Complainant’s Case:

The Complainant did not attend the hearing to give evidence in relation to his complaints.

Summary of Respondent’s Case:

The Director of the Respondent company and the Respondent’s representative were in attendance and were prepared to defend the complaints against the Respondent.

Findings and Conclusions:

I am satisfied the Complainant was properly notified of the hearing arrangements in accordance with the contact information provided. The Complainant did not contact the WRC to indicate any difficulty on their part in attending the hearing, or to explain their non-attendance. As the Complainant did not attend the adjudication hearing to set out how the Respondent contravened the above statutes and or regulations, I find that each complaint is not well-founded.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I decide 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 decide in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I decide in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.

CA-00066429-001