ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00062584
Parties:
| Complainant | Respondent |
Parties | Declan Coleman | Grattan Bar And Restaurant |
Representatives |
| Miao Guo |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00074289-001 | 12/08/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00074289-002 | 12/08/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00074289-003 | 12/08/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00074289-004 | 12/08/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00074289-005 | 12/08/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00074289-006 | 12/08/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00074289-007 | 12/08/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00074289-008 | 12/08/2025 |
Date of Adjudication Hearing: 13/08/2026
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 an employee can present a complaint or complaints or dispute of any perceived contravention by the Employer of any of the Acts (Statutes) contained in Schedule 5 of the Workplace Relations Act of 2015. Any such complaint (usually presented in the format of a workplace relations complaint form) is made to the Director General of the WRC. The said Director General can then refer the complaint to the Adjudication services. It is in these circumstances that this matter has come before me - an Adjudication Officer engaged by the Adjudication division of the WRC - to make all relevant inquiries into the complaint or complaints made. Where appropriate, I hear the parties’ oral evidence, and I can give consideration to any supporting evidence provided by witnesses or relevant documentation.
In this instance, the Complainant has made seven complaints of the Employer having contravened Acts contained in Schedule 5 above referred to. This includes four alleged contraventions of the Organisation of Working Time Act 1997. There is also a complaint of a contravention of the Payment of Wages Act, 1991 and two complains concerning alleged contraventions of the Terms of Employment (Information) Act, 1994.
In the addition to the aforementioned complaints, the Complainant has in accordance with Section 8 (1)(a) of the Unfair Dismissals Act of 1977 (as substituted) brought a claim for redress under the Unfair Dismissals legislation. The claim is referred to the Director General of the Workplace Relations Commission who in turn refers any such claim to an Adjudication Officer, so appointed, for the purpose of having the said claim heard in the manner prescribed in Section 41 of the Workplace Relations Act, 2015. In particular, the said Adjudication Officer is obliged to make all relevant inquiries into the complaint. The Adjudication Officer will additionally and where appropriate hear all relevant oral evidence of the parties and their witnesses and will take into account any and all documentary or other evidence which may be tendered in the course of the hearing.
In circumstances where the fact of dismissal is not in issue, the evidential burden of truth rests with the Respondent. Per Section 6 (6) of the 1977 Act, in determining for the purposes of the Acts whether or not a dismissal of an employee was an unfair dismissal or not it shall be for the employer to show that the dismissal resulted wholly or mainly from one or other of the specified grounds (as outlined in the Act – conduct, redundancy etc.), or that there were other substantial reasons justifying the dismissal. Gross Misconduct might be considered a substantial reason.
An Adjudication Officer must, in determining if a dismissal is unfair, have regard to the reasonableness or otherwise of the conduct (whether by act or omission) of the employer in relation to the dismissal (per Section 7).
Where an employee has been dismissed and the dismissal is found to be unfair the employee shall be entitled to redress pursuant to Section 7 of the 1977 Act. Such redress might include re-instatement, re-engagement or compensation for any financial loss attributable to the dismissal where compensation for such loss does not exceed 104 weeks remuneration. The acts, omissions and conduct of both parties will be taken into account when considering the extent of the financial loss and there is a positive onus on a Complainant to adopt measures to mitigate the financial/ remunerative loss (which includes actual loss as well as estimated prospective loss).
Background:
This hearing was to be conducted in person in the Workplace Relations Commission situate in Lansdowne Road, Dublin. In line with the Supreme Court decision in the constitutional case of Zalewski -v- An Adjudication Officer and the Workplace Relations Commission and Ireland and the Attorney General [2021] IESC 24 (delivered on the 6th of April 2021) the hearing was to be conducted in recognition of the fact that the proceedings constitute the administration of Justice. It was therefore open to members of the public to attend this hearing. Had evidence been given it would have been in compliance with the Workplace Relations (Miscellaneous Provisions) Act, 2021 which came intoeffecton the 29th of July 2021, and which said legislation accommodates situations where there is the potential for a serious and direct conflict in the evidence between the parties to a complaint. In such circumstances, an oath or an affirmation may be required to be administered to any person giving evidence before me. It is noted that the giving of false statements or evidence is an offence. The complaint herein was brought to the attention of the WRC on the 12th of August 2025 by way of a workplace relations complaint form. In the interests of fairness, the WRC acquiesced to an application made for the provision of an interpreter. This was requested by the Respondent Employer. It is noted that the interpreter is provided to assist the Adjudicator to conduct an orderly and fair hearing of the Complaints being made by the Complainant. The interpreter does not guide or assist the person for whom the interpreter was sought. The Interpreter simply interpreted what was being said by the Respondent. |
Summary of Complainant’s Case:
The Complainant did not attend. I am satisfied that the Complainant was notified of the date, time and venue for this hearing by a letter sent from the WRC - dated the 18th of June 206 - and sent to the address provided by the Complainant on the workplace relations complaint form. |
Summary of Respondent’s Case:
The Respondent entity was represented by a Company Director. This gentleman attended alongside a company supervisor who was ready to give evidence concerning the employment relationship. The Respondent rejects that there has been an Unfair dismissal and does not accept any contravention of Employment Rights as protected by statute. The Respondent was ready to defend the allegations made. |
Findings and Conclusions:
The Complainant did not attend at the appointed date, time and place. The Complainant did not give any evidence substantiating the allegations made in the complaint form. |
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.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00074289-001 – The complaint herein is unfounded as the Complainant did not attend and make out his case.
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 CA-00074289-002 – The complaint herein is unfounded as the Complainant did not attend and make out his case.
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 CA-00074289-003 – The complaint herein is unfounded as the Complainant did not attend and make out his case.
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 CA-00074289-004 – The complaint herein is unfounded as the Complainant did not attend and make out his case.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 CA-00074289-005 – The complaint herein is unfounded as the Complainant did not attend and make out his case.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00074289-006 – The complaint herein is unfounded as the Complainant did not attend and make out his case.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00074289-007 – The complaint herein is unfounded as the Complainant did not attend and make out his case.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00074289-008 – The complaint herein is unfounded as the Complainant did not attend and make out his case. |
Dated: 17th September 2026
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Key Words:
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