ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00005862
Complaints for Resolution:
Act | Complaint 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-00008104-001 | 10th November 2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00008104-002 | 10th November 2016 |
Date of Adjudication Hearing: 26th January 2017
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 10th November 2016, the complainant made complaints to the Workplace Relations Commission pursuant to the Organisation of Working Time Act and the Payment of Wages Act. The complaints were scheduled for adjudication on the 26th January 2017.
At the time the adjudication was scheduled to commence, it became apparent that there was no appearance by or on behalf of the complainant. I verified that the complainant was on notice of the adjudication and after waiting some time to accommodate a late arrival, I proceeded with the adjudication in the absence of the complainant.
In accordance with Section 41(4) of the Workplace Relations Act, 2015 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 did not attend the adjudication to prosecute their case.
Respondent’s Submission and Presentation:
The respondent attended the adjudication but given the failure of the complainant to prosecute their case, it was unnecessary to hear evidence from the respondent.
Issues for Decision:
None as the claims fail for want of prosecution.
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.
CA-00008104-001
The complaint made pursuant to the Organisation of Working Time Act is not well founded as the complainant failed to prosecute this claim.
CA-00008104-002
The complaint made pursuant to the Payment of Wages Act is not well founded as the complainant failed to prosecute this claim.
Dated: 27th April 2017