ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00004349

Complaint for Resolution:

Date of Adjudication Hearing: 5th January 2017

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Location of Hearing: Dublin

Procedure:

On the 6^th August 2016, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Organisation of Working Time Act. The complaint was scheduled for adjudication on the 17^th November 2016.

At the time the adjudication was scheduled to commence, it became apparent that there was no appearance by or on behalf of the complainant. There was also no appearance by or on behalf of the respondent. I verified that the parties were notified of the time, date and venue of the adjudication. Having been satisfied of this, and waiting some time for a late arrival, I proceeded with the adjudication in the absence of the parties.

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

Summary of Complainant’s Case:

The complainant did not attend the hearing and did not offer any reasonable explanation for her failure to do so.

Summary of Respondent’s Case:

The respondent did not attend the adjudication and nor did it make submissions to it.

Findings and Conclusions:

As the complainant did not attend the hearing and did not offer any reasonable explanation for her failure to do so, the complaint falls for want of prosecution.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint.

CA-00006318-001

As the complainant did not attend the hearing, the complaint made pursuant to the Organisation of Working Time Act falls for want of prosecution.

Dated:   25^th April 2017

Workplace Relations Commission Adjudication Officer: Kevin Baneham