ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00011283
Parties:
| Complainant | Respondent |
Anonymised Parties | A Cleaning operative | A Facilities Management Company |
Representatives | Nicola Dowling Williams Solicitors | Tonya Dempsey |
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-00015096-001 | 13/10/2017 |
Date of Adjudication Hearing: 16/01/2018
Workplace Relations Commission Adjudication Officer: Andrew Heavey
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 was available to inquire into the complaint and to give the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint. The complainant did not attend the adjudication hearing which was scheduled to take place on Tuesday 16th January 2018 at 9.30am. A staff member of the Workplace Relations Commission (WRC) contacted the complainant’s representative who confirmed that it had not been possible to make contact with or obtain instructions from the complainant in relation to her complaint. On that basis the complainant’s representative decided not to attend the adjudication hearing. It was not possible to contact the complainant on the day of the adjudication hearing and no further contact has been made by her to the WRC.
Background:
The complaint relates to outstanding annual leave entitlements which the complainant states she has not received. |
Summary of Complainant’s Case:
The complainant did not attend the adjudication hearing and was not represented. |
Summary of Respondent’s Case:
The respondent attended the adjudication hearing and was prepared to give its evidence in relation to the complaint. |
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.
On the basis that the neither the complainant or her representative attended the adjudication hearing, I find that the complaint fails for want of prosecution. |
Dated: 29 June 2018
Workplace Relations Commission Adjudication Officer: Andrew Heavey