ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00008996
Parties:
anonymized Parties: A security person -v- a security company
Complaint:
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-00011890-001 | 14/06/2017 |
Date of Adjudication Hearing: 27/09/2017
Workplace Relations Commission Adjudication Officer: Louise Boyle
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
Background:
The complainant and respondent did not attend. The complainant had submitted a claim for paid annual leave. |
Summary of Complainant’s Case:
The complainant did not attend. In his claim form he detailed that he qualified for holiday payment and that his employer had refused to pay. |
Summary of Respondent’s Case:
The respondent did not attend. In correspondence prior to the hearing the respondent had submitted that holidays had been paid. |
Findings and Conclusions:
As the Complainant and respondent failed to attend the hearing, I confirmed that a letter had issued notifying them of the date, time and location of the hearing and find their non-attendance without any acceptable explanation to be unexplained/unreasonable in the circumstances, and my decision is, therefore: The claim is dismissed 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.
As the Complainant failed to attend the hearing, my decision is that the claim is dismissed for want of prosecution. |
Dated: 20 November 2017
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Annual leave, payment, complainant and respondent failed to attend |