ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00057115
Parties:
| Complainant | Respondent |
Parties | Simon Edwards | Conor Cassidy Cars |
Representatives | No Appearance | Mr. Sean Mahon, Mahon Sweeney Solicitors LLP |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00068707-001 | 19/01/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00068707-002 | 19/01/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00068707-003 | 19/01/2025 |
Date of Adjudication Hearing: 21/07/2025
Workplace Relations Commission Adjudication Officer: Brian Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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 by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant commenced employment with the Respondent on 9th December 2024. The Complainant was a permanent, full-time member of staff, engaged as a mechanic. The Complainant’s tenure was brief, with the same coming to an end on 19th January 2025.
On 19th January 2025, the Complainant referred the present complaint to the Commission. Herein he alleged various breaches of the impleaded legislation on the part of the Respondent. A hearing in relation to the same was duly convened for 21st July 2025 at the Commission’s Sligo offices.
There was no hearing by or on behalf of the Complainant at the hearing as scheduled. |
Summary of the Complainant’s Case:
As set out above, there was no appearance by or on behalf of the Complainant at the hearing as scheduled. Having reviewed the file, it is apparent that the Complainant was notified of the time, date and venue of the hearing. In circumstances whereby the Complainant did not apply to adjourn the same, and no explanation for the Complainant’s non-attendance was received thereafter, the matter proceeded in his absence. |
Summary of the Respondent’s Case:
The Respondent to the complaint attended the hearing with their representative and relevant witnesses. While they were willing to defend the complaint on its merits, they submitted that in the absence of the Complainant, the same must fail. |
Findings and Conclusions:
In circumstances whereby the Complainant did not attend the hearing to prosecute his complaints, I find that the same are not well-founded. |
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 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
CA-00068701-001 – Complaint under the Minimum Wage Act I find that the complaint is not well-founded. CA-00068701-002 – Complaint under the Terms of Employment (Information) Act I find that the complaint is not well-founded. CA-00068701-001 – Complaint under the Employment Equality Act I find that the Complainant was not discriminated against by the Respondent. |
Dated: 31-10-25
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance |