ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00005403
Parties:
| Complainant | Respondent |
Anonymised Parties | A Driver | A Haulage operator |
Representatives | Richard Grogan & Associates | Management Support Services (Ireland) Ltd |
Complaint:
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-00007429-001 | 29th September 2016 |
Date of Adjudication Hearing: 20th July 2017
Workplace Relations Commission Adjudication Officer: Kevin Baneham
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 complaint is one of penalisation pursuant to the Organisation of Working Time Act. It is related to an Unfair Dismissal claim and another Organisation of Working Time claim addressed in ADJ 4641. At the adjudication, the complainant indicated that he was withdrawing the claims made pursuant to the Organisation of Working Time Act. |
Summary of Respondent’s Case:
The respondent asserted that the Act provided it with flexibility. |
Findings and Conclusions:
As the complainant indicated at the adjudication that he was withdrawing the claims pursuant to the Organisation of Working Time Act, I formally find that this complaint is not well founded. The substance of the unfair dismissal claim is addressed in ADJ 4641. |
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.
CA-00007429-001 As the complainant indicated at the adjudication that he was withdrawing this complaint, I find that the complaint made pursuant to the Organisation of Working Time Act is not well founded. |
Dated: 22nd June, 2018
Workplace Relations Commission Adjudication Officer: Kevin Baneham