ADJUDICATION OFFICER DECISION

A Nurse V A Nursing Home

Adjudication Decision Reference: ADJ-00003831

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 09/01/2017

Workplace Relations Commission Adjudication Officer: Gerry Rooney

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, and Section 27 of the Organisation of Working Time Act, 1997, the following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Complainant’s Submission and Presentation:

The Complainant, following four months of employment with the Respondent from 22^nd September 2015 to 22 January 2016 complained that she was not paid her full amount or appropriate amount of holiday pay. The Complainant failed to attend the hearing.

Respondent’s Submission and Presentation:

The Respondent attended the hearing and maintained that they did pay the complainant her entitlements.

Decision:

Section 41(4) 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.

Having satisfied myself that the Complainant was properly notified of the hearing by writing, and where she failed to turn up to the hearing without notification, I do not uphold the complaint and it must fail due to lack of prosecution.

Dated:   25^th April 2017