ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00009557

Parties:

	Complainant	Respondent
Anonymised Parties	An Employee	A company

Representatives

Tin Angelo Beljo Social Protection Agency

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00012529-001	15/07/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00012529-002	15/07/2017

Date of Adjudication Hearing: 06/11/2017

Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015 or such other act as may be referred to in the 2015 Act, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or dispute. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.

The Complainant herein has referred a matter for dispute resolution under Section 27 of the Organisation of Working Time Act, 1997 and Section 13 Industrial Relations , Act, 1969 and the referral has been made within six months of the initial circumstances of the relevant dispute/contravention.

Background:

Summary of Complainant’s Case:

Summary of Respondent’s Case:

The respondent applied to dismiss the matter for want of prosecution.

Findings and Conclusions:

There was no appearance for or on behalf of the complainant. The respondent made an application to dismiss both matter listed for hearing today for want of prosecution.

I am satisfied that the complainant and his representative were on notice of today’s hearing.

I dismiss the matter for want of prosecution.

Decision:

Section 41 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.

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

CA 12529 – 001 Dismissed.

CA 12529 – 002 Dismissed.

Dated: 20^th November 2017

Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly

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