ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00016188

Parties:

	Complainant	Respondent
Anonymised Parties	A Waiter	A Drinks 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-00021036-001	07/08/2018

Date of Adjudication Hearing: 19/10/2018

Workplace Relations Commission Adjudication Officer: Pat Brady

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.

Summary of Complainant’s Case:

The complainant did not attend the hearing. No explanation was received for his failure to do so.

The respondent believed that he had returned to his home country.

Summary of Respondent’s Case:

The respondent attended the hearing.

Findings and Conclusions:

As the complainant did not attend or provide any explanation for his failure to do so his complaint falls 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.

For the reason set out above complaint CA-00021036-001 is not upheld and is dismissed.

Dated: 4th December 2018

Workplace Relations Commission Adjudication Officer: Pat Brady

Key Words:

Non-appearance of complainant.