ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002564

Complaints for Resolution:

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-00003564-001	30/03/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00003564-002	30/03/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00003564-003	30/03/2016

Date of Adjudication Hearing: 16/11/2016

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 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.

Complainant’s Submission and Presentation:

The complainant is a Chinese national who was employed by a bar and restaurant in Dublin from November 2014 until February 2016.

He did not receive holiday pay due on cessation of his employment in relation to the hours worked over the previous fourteen months.

He returned to China on the 3rd April 2016 and nominated a representative to represent and act on his behalf including at the hearing.

Respondent’s Submission and Presentation:

The respondent did not attend the hearing.

Findings and Conclusions

The complainant’s representative acts in a pro bono capacity for members of the Chinese community in Dublin and explained that the complainant had had to leave Ireland as his visa had expired.

Nonetheless, a hearing could not proceed in the absence of the complainant and of his direct evidence, especially noting the absence of the respondent.

Accordingly, the complaint falls for want of prosecution by the complainant.

Decision:

Section 41(4) 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.

For the reasons listed above I dismiss complaints CA-00003564-001 to 003 inclusive.

Dated: 22^nd November 2016