ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012882
| Complainant | Respondent |
Anonymised Parties | Leisure Attendant | A swimming Pool Operator |
Representatives |
| Norah Cashe Peninsula Group Limited |
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-00016971-001 | 22/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00016971-002 | 22/01/2018 |
Date of Adjudication Hearing: 19/10/2018
Workplace Relations Commission Adjudication Officer: Penelope McGrath BL
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or complaints. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered.
In particular, the Complainant herein has referred two complaints:
The Complaints herein relate to purported contraventions of The Organisation of Working Time Act 1997 and in particular to a contravention under Section 19 of the Act which sets out those circumstances which give rise to annual leave entitlements and a contravention of Section 21 which set out the entitlements in respect of Public Holidays.
Findings and Conclusions:
The Complainant did not attend the hearing. I am satisfied that the Complainant was on notice of the hearing time and date as letters containing that information were sent to her address on the 14th of September. This is the second occasion on which the Complainant has failed to turn up for the assigned hearing date. In the circumstances, an application was made by the Respondent representative to have this matter Struck Out. I am satisfied that this is appropriate at this time. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
This matter is Struck Out.
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Dated: 15th November 2018
Workplace Relations Commission Adjudication Officer: Penelope McGrath BL
Key Words:
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