Complainant

Respondent

Parties

Vincent  Barry

Compass Ireland Cleaners

Representatives

No Appearance by or on behalf of the Complainant

 No Appearance by or on behalf of the Respondent

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946

CA-00078739-001

17/12/2025

On 17 December 2025, Mr. Barry, the Complainant Supervisor, filed a complaint that he had not received the terms and conditions laid down by the Employment Regulation Order (ERO)

“I wasn’t made sign contract in 6 years and then was asked last week and now my wages have been slashed and everything with no explanation whatsoever “

The named Respondent was notified of the complaint at the address provided for the client site on 7 January 2026.

On 26 June 2026, both parties were invited to a hearing in the case set for 4 September 2026.

As neither party had prepared submissions as requested, and ion an attempt to familiarize myself with the case, On 20 August 2026, I wrote to both parties at the addresses on file.

DearHuman Resources Manager and Vincent Barry

I am the Adjudicator assigned to hear your case on 4 September 2026 at 10 am

In my preparation for hearing, I require an outline submission from each party which allows me to understand the dateline of occurrences in this case.

This requires the parties to structure a short narrative that provides a background to the case and what happened for each party prior to the complaint made to the WRC.

 (reference WRC guidelines) Please include relevant documentation such as

1 contract

2 pay slip

3 any inter party correspondence which informed the WRC complaint.

I would be grateful if both parties would take guidance from the WRC Guidelines for Hearings available online.

This allows the hearing day to proceed with both parties being fully aware of each other’s outline case.

I will not be able to accept any documentation at hearing.

Each party will be requested to open their respective presentations at hearing and give evidence under oath or affirmation. Cross examination will be conducted.

I look forward to meeting the parties at hearing.

Yours sincerely,

Adjudicator

I did not receive any response.

On 4 September 2026, I opened the hearing at 10 am as scheduled.

There was no appearance by either party, or any pro offered reason for this nonattendance.

I have waited 5 days post hearing in case either party experienced a late realization of omission. I have not received any contact from either party.

I must press on with my obligation to deliver a Decision in the case.

CA-00078739 -001

The Complainant submitted that he had not received terms and conditions as laid down by an Employment Regulation Order.

He did not specify further outside of reference to his not being asked to sign a contract.

The named Respondent has not engaged in the claim and has not filed a defence in the matter.

There was no appearance by or on behalf of the Respondent at hearing and no reason given.

CA-00078739 -001 Employment Regulation Order

I have been requested to make a decision in this case. In reaching my decision, I have had regard for my jurisdiction derived from Section 42 of the Industrial Relations Act, 1946.

Proposals by joint labour committees in relation to remuneration and conditions of employment.

42.— (1) Subject to the provisions of this section, a joint labour committee may submit to the Court proposals for fixing the minimum rates of remuneration to be paid either generally or for any particular work to all or any of the workers in relation to whom the committee operates, and such proposals may provide for a minimum weekly remuneration for all or any of such workers.

(2) Subject to the provisions of this section, a joint labour committee may submit to the Court proposals for regulating the conditions of employment of all or any of the workers in relation to whom the committee operates.

(3) A joint labour committee shall not submit proposals under this section for revoking or amending an employment regulation order unless the order has been in force for at least six months.

In the narrative of the Complaint form, the function of cleaning was flagged, but the complainant has not put an ERO for the cleaning Industry before the hearing.

He has not come to hearing to open and give evidence in his case.

Consequently, I am completely in the dark.

Section 45 A of the Act provides:

Decision of adjudication officer under section 41 of Workplace Relations Act 2015

45A.— A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of an employment regulation order in relation to a worker shall do one or more of the following, namely—

(a) declare that the complaint was or, as the case may be, was not well founded,

(b) require the employer to comply with the employment regulation order, or

(c) require the employer to pay to the worker compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances but not exceeding 2 years’ remuneration in respect of the worker’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977.

If the Complainant had a change of mind in seeking to pursue his complaint, it would have been perfectly in order for him to alert the WRC in advance of the hearing.

Instead, I am left to reflect on the seismic efforts extended by the WRC to allow Mr Barry to ventilate his case and he did not participate.

I would ask both parties to reflect on their nonappearance at hearing as the hearing slot could have been allocated to parties in waiting had the WRC been aware that the case was not going to be opened or defended.

I find the claim is not well founded.

 The Complainant did not advance any particulars or give evidence in his own case.

CA-00078739 -001

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 45 A of the Industrial Relations Act, 1946 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

find the claim is not well founded.

 The Complainant did not advance any particulars or give evidence in his own case.

Neither party attended the hearing nor gave any reason for that non-appearance.

Non-Appearance by both Parties at hearing, no excuse. Waited 5 days. Issued “No Show” decision.