ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015424
Parties:
| Complainant | Respondent |
Anonymised Parties | A Pizza Chef | Restaurant Limited |
Representatives | Hogan Dowling McNamara Solicitors |
|
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00020236-001 | 25/06/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020236-002 | 25/06/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00020236-003 | 25/06/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020236-004 | 25/06/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020236-005 | 25/06/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00020236-007 | 25/06/2018 |
Date of Adjudication Hearing: 11/09/2018
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant referred his claim to the Workplace Relations Commission on 25th June 2018. This complaint was heard in conjunction with ADJ- 00015417 and ADJ- 000115420. Substantially, the same matters are complained of in all sets of proceedings. However, the Respondent in ADJ-00015417 is named as Mr A T/A Restaurant and in ADJ-00015420 as Mr B T/A Restaurant. There was no appearance by or on behalf of the Respondent. I confirmed that a letter had issued notifying the Respondent of the date, time and location of the hearing. Having been satisfied of this, I waited some time to accommodate a late arrival. The Respondent did not engage with the WRC at any stage prior to the hearing, he did not apply for a postponement and did not indicate any difficulties attending the hearing. |
Preliminary matter: Correct Respondent
Summary of Complainant’s Case:
The Complainant submitted that at the time of the referral of his claims to the WRC he named three respondents. However, at the hearing the Complainant’s representative submitted that Restaurant Limited was not in existence at the material time and was registered as a company as of 10th April 2018. |
Summary of Respondent’s Case:
There was no attendance by or on behalf of the Respondent. |
Findings and Conclusions:
Having considered the Complainant’s submission I find that the Respondent herein has no liability to the Complainant under the Acts. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
On the basis of the submission of the Complainant I find that that the Complainant’s claims against the Respondent are not well-founded as the Respondent was at no stage his employer for the purposes of the Acts. |
Dated: 14th November 2018
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Key Words:
Incorrect respondent |