ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002830
Complaint(s)/Dispute(s) 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-00003906-001 | 18/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00003906-002 | 18/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012 | CA-00003906-004 | 18/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00003906-006 | 18/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00003906-007 | 18/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00003906-008 | 18/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 30 and 31 of the Maternity Protection Act 1994 | CA-00003906-009 | 18/04/2016 |
Date of Adjudication Hearing: 13/12/2016
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and or section 27 of the Organisation of Working Time Act, 1997 and or Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012 and or Section 11 of the Minimum Notice & Terms of Employment Act, 1973 and or Section 30 and 31 of the Maternity Protection Act 1994 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
The Complainant stated in writing on her Complaint form that she had worked from 22nd October 2015 to 21st December 2015 for the Respondent Restaurant. She had not been paid for this period basic pay, ordinary holidays, public holidays. She had not received Notice Pay on her cessation nor had she received any formal Contract of Employment. The Maternity and Civil Aviation claims were not allied to any evidence. |
Respondent’s Submission and Presentation:
The Respondent resolutely denied all the above claims. Detailed evidence was produced by the Firm’s Accountant to substantiate their position.
Decision:
Section 41(4) of the Workplace Relations Act 2015 and or section 27 of the Organisation of Working Time Act, 1997 and or Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012 and or Section 11 of the Minimum Notice & Terms of Employment Act, 1973 and or Section 30 and 31 of the Maternity Protection Act 1994I requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under the cited Acts.
Issues for Decision:
Were there breaches of the cited Acts?
Legislation involved and requirements of legislation:
Workplace Relations Act, 2015, the Organisation of Working Time Act, 1997, Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012, the Minimum Notice & Terms of Employment Act, 1973 and the Maternity Protection Act 1994
Decision:
Complaints: CA-00003906-001 to in sequence CA-00003906-009
The Complainant did not attend the hearing. After allowing reasonable time for an explanation for Non Attendance to be provided by the Complainant and being satisfied that proper notice had been served I accepted the Respondent’s version of events.
The Claim is accordingly dismissed in its entirety (: CA-00003906-001 to in sequence CA-00003906-009)
Dated: 8th March 2017