ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007765
Parties:
| Complainant | Respondent |
Anonymised Parties | A Hotel Employee | A Hotel |
Representatives | None | None |
Complaints:
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-00010411-001 | 24/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00010411-002 | 24/03/2017 |
Date of Adjudication Hearing: 03/08/2017
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 24th March 2017, the complainant referred complaints to the Workplace Relations Commission pursuant to the Organisation of Working Time Act. The complaints were scheduled for adjudication on the 3rd August 2017.
At the time the adjudication was due 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 hearing and waited some time for a late arrival. Having taken these steps, I proceeded with the adjudication in the absence of the complainant.
In accordance with section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General of the Workplace Relations Commission, 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.
Summary of Complainant’s Case:
The complainant did not attend the adjudication to advance her complaints pursuant to the Organisation of Working Time Act. |
Summary of Respondent’s Case:
The respondent was in attendance at the adjudication and indicated that it had paid holiday pay due to the complainant arising over a period of maternity leave. |
Findings and Conclusions:
As the complainant was not in attendance to move the complaints, I find that they fail for want of prosecution. |
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.
CA-00010411-001 I decide that the complaint made pursuant to the Organisation of Working Time Act fails for want of prosecution.
CA-00010411-002 I decide that the complaint made pursuant to the Organisation of Working Time Act fails for want of prosecution. |
Dated: 26.10.2017
Workplace Relations Commission Adjudication Officer: Kevin Baneham