ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00010027
Parties:
| Complainant | Respondent |
Parties | Kitchen Porter | Public House |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00013071-001 | 10/08/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00013071-002 | 10/08/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00013071-003 | 10/08/2017 |
The complainant submitted a duplicate complaint form CA-00013071, ADJ- 000100027 and it was heard together with these complaints.
Date of Adjudication Hearing: 09/11/2017
Workplace Relations Commission Adjudication Officer: Marian Duffy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 and to present to me any evidence relevant to the complaints.
Background:
The complainant was employed by the respondent from the 4th of April 2017 until the 20th of July 2017. He is claiming that he did not receive notice or payment in lieu, public holiday entitlements and his annual leave entitlement on the termination of his employment. These matters were due to be heard on Thursday 9th November 2017 at 10am. The complainant did not attend the hearing. He telephoned the WRC to state that he would not be attending. |
Summary of Complainant’s Case:
The complainant did not attend the hearing and was not represented. |
Summary of Respondent’s Case:
The Respondent attended the hearing and was available to provide evidence in relation to the complaints. |
Findings and Conclusions:
On the basis that the complainant did not attend the hearing, I was unable to proceed with the complaint. |
Decision:
Section 41 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.
The complainant did not attend the Adjudication hearing to pursue his compliant. On that basis, the complaints fail for want of prosecution. |
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Dated: 17/11/17
Workplace Relations Commission Adjudication Officer: Marian Duffy
Key Words:
No appearance by complainant, complaint fails for want of prosecution |