ADJUDICATION OFFICER DECISION

 Adjudication Reference: ADJ-00010302

Complaints:

ActComplaint 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-00013448-001 31/08/2017 Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 CA-00013448-002 31/08/2017   Date of Adjudication Hearing: 06/02/2018 Workplace Relations Commission Adjudication Officer: Enda Murphy

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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 by me and to present to me any evidence relevant to the complaints.   The Workplace Relations Commission (WRC) received an e-mail from the Complainant on 18th January, 2018 seeking an adjournment of the hearing which was scheduled to take place on 6th February, 2018 on the basis that he would be away on holidays on this date. The Complainant was informed by the WRC by return e-mail on 18th January, 2018 that the postponement of hearing arrangements is only granted in exceptional circumstances and an application for same must be submitted in writing and accompanied by the relevant supporting documentation. The Complainant was requested to provide supporting documentation (such as copies of flight bookings) to enable the WRC to consider the request for a postponement of the hearing.   There was a further exchange of e-mails between the Complainant and the WRC in relation to this matter. However, the Complainant failed to submit the required supporting documentation in support of the application for a postponement of the hearing. The Complainant and his Trade Union representative were both informed by the WRC by letter dated 31st January, 2018 that the request for a postponement was refused and that the hearing would take place as scheduled on 6th February, 2018.   Neither the Complainant nor his Trade Union representative were in attendance at the hearing on this date. I am satisfied that the Complainant was notified that the postponement request was refused and that the hearing would proceed as scheduled. In the circumstances, I find that the Complainant’s non-attendance without any acceptable explanation to be unreasonable in the circumstances.

Background:

The Complainant claims that he did not receive his statutory notice entitlements contrary to Section 4(2) of the Minimum Notice and Terms of Employment Act 1973 when his employment was terminated. The Complainant also claims that the Respondent has contravened the provisions of Sections 19 of the Organisation of Working Time Act 1997 in relation to his annual leave entitlements.

Summary of Complainant’s Case:

The Complainant failed to attend the hearing to provide evidence in support of his complaint.  

Summary of Respondent’s Case:

The Respondent failed to attend the hearing.  

Findings and Conclusions:

As the Complainant failed to attend the hearing, I confirmed that a letter had issued notifying him of the date, time and location of the hearing. I find that the Complainant’s non-attendance without any explanation to be unreasonable in the circumstances. Accordingly, I am satisfied that the complaint should be dismissed 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. I find that the complaints under the Organisation of Working Time Act 1997 and the Minimum Notice and Terms of Employment Act 1973 are dismissed for want of prosecution.  

Dated: 16/02/2018

Workplace Relations Commission Adjudication Officer: Enda Murphy

Key Words:Organisation of Working Time Act 1997 – Minimum Notice and Terms of Employment Act 1973 – Failure to attend hearing – Complaints dismissed for want of prosecution