ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00012046
Parties:
| Complainant | Respondent |
Anonymised Parties | A Complainant | A Respondent |
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-00015967-001 | 23/Nov/201723/Nov/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00015967-003 | 23/Nov/201723/Nov/2017 |
Date of Adjudication Hearing: 29/Mar/2018
Workplace Relations Commission Adjudication Officer: Orla Jones
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The complainant submitted complaints under section 27 of the Organisation of Working Time Act, 1997 and under section 6 of the Payment of Wages Act, 1991. |
Summary of Complainant’s Case:
The complainant did not attend the hearing and was not represented. |
Summary of Respondent’s Case:
The respondent did not attend the hearing and was not represented. |
Findings and Conclusions:
On the day of the hearing neither the complainant nor the respondent was in attendance. As the complainant did not attend the hearing, and as no evidence was given at this hearing in support of the allegations made I conclude the investigation and find against the complainant. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Both parties and their representatives were informed of the hearing. Neither the complainant nor the respondent attended the hearing. As part of my investigation under Section 41 of the Act, I am obliged to hold a hearing. All reasonable efforts were made to inform the complainant of the hearing. I find that the complainant’s failure to attend such a hearing was unreasonable in the circumstances outlined above and that any obligation under Act has ceased. As no evidence was given at the hearing in support of the allegations, I conclude the investigation and find against the complainant. I dismiss the complaint.
|
Dated: 02 July 2018
Workplace Relations Commission Adjudication Officer: Orla Jones
Key Words: