ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013579
| Complainant | Respondent |
Anonymised Parties | Sales Assistant | Retail Company |
Representatives | Did not attend | Did not attend |
Complaint(s):
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-00017785-001 | 06/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00020057-001 | 27/06/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00020057-002 | 27/06/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020057-003 | 27/06/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020057-004 | 27/06/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020057-005 | 27/06/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00020057-006 | 27/06/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00020057-008 | 27/06/2018 |
Date of Adjudication Hearing: 22/10/2018
Workplace Relations Commission Adjudication Officer: Maire Mulcahy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, and Section 13 of the Industrial Relations Acts 1969following the referral of the complaints and dispute to me by the Director General, I inquired into the complaints and dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints and dispute.
Background:
The complainant submitted complaints and a dispute to the WRC on 6 March 2018 and on 27 June 2018. She did not attend the hearing. |
Summary of Complainant’s Case:
The complainant did not attend to give evidence at the hearing or give any indication of inability to attend. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations commission from the complainant on 6 March 2018 alleging that her employer contravened the provisions of the Organisation of Working Time Act, 1997,the National Minimum Wage Act, 2000, the Terms of Employment (Information) Act, 1994, and Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 in relation to her. The same complaint form included a request for an investigation of a dispute under the Industrial Relations Acts. The said complaints and dispute were referred to me for investigation. A hearing for that purpose was held on 22 October 2018.There was no appearance by or on behalf of the complainant at the hearing. I am satisfied that the said complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaints are not well-founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) 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.
In the circumstances described above, I find that Complaints CA-00017785-001, CA-00020057-001, CA-00020057-003, CA-00020057-004, CA-00020057-005, CA-00020057-006, CA-00020057-008 Are not well founded. CA-00020057-002. In the absence of any evidence being adduced before me, I cannot make a recommendation on this dispute. |
Dated: 06/12/2018
Workplace Relations Commission Adjudication Officer: Maire Mulcahy
Key Words:
Non-attendance |