ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012620
| Complainant | Respondent |
Anonymised Parties | A General Operative | A Warehousing Company |
Representatives | The Complainant did not attend the hearing or was not represented | The Respondent did not attend the hearing or was not represented |
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-00016774-003 | 12/01/2018 |
Date of Adjudication Hearing: 16/10/2018
Workplace Relations Commission Adjudication Officer: Enda Murphy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the 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.
Background:
The Complainant was employed by the Respondent as a General Operative from 18 October, 2017 to 3 December, 2017. The Complainant claims that the Respondent contravened the provisions of Section 15 of the Organisation of Working Time Act 1997 in relation to his weekly working hours. |
Summary of Complainant’s Case:
The Complainant failed to attend the hearing to provide evidence in support of the complaint under the Organisation of Working Time Act 1997. |
Summary of Respondent’s Case:
The Respondent did not attend or was not represented at the hearing. |
Findings and Conclusions:
This complaint was scheduled for hearing on 16 October, 2018 at 10.30 am. The Complainant did not attend the hearing. The Complainant was on notice of the date and time of the hearing of the complaint and dispute. I waited 30 minutes in the event that the Complainant had been delayed before commencing the hearing. However, the Complainant failed to attend. As the Complainant has failed to attend the hearing, I confirmed that a letter had issued notifying her 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. |
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.
I find that the Complainant’s non-attendance without any explanation to be unreasonable in the circumstances. Accordingly, I find that the complaint is dismissed for want of prosecution. |
Dated: 2nd November 2018
Workplace Relations Commission Adjudication Officer: Enda Murphy
Key Words:
Organisation of Working Time Act 1997 – Section 15 – Weekly working hours - Failure to attend hearing – Unreasonable – Complaints fail for want of prosecution |