ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012868
Parties:
| Complainant | Respondent |
Anonymised Parties | Swimming Instructor | 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-00016960-001 | 21/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00016960-002 | 21/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00016960-003 | 21/01/2018 |
Date of Adjudication Hearing: 19/10/2018
Workplace Relations Commission Adjudication Officer: Penelope McGrath
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 three complaints:
The Complaints herein relate to purported contraventions of The Organisation of Working Time Act 1997.
The Complainant herein has also referred a complaint of a contravention of Section 5 of the Payment of Wages Act, 1991. Pursuant to Section 6 of the said 1991 Act, in circumstances where the complaint is deemed to be well founded, compensation in the amount so specified may be awarded.
Findings and Conclusions:
The Complainant did not attend this morning’s hearing. This is the second time that the Complainant has not attended this matter when listed for hearing. I am satisfied that the WRC has notified the Complainant of the hearing date in advance of the hearing and at the address provided by the Complainant. |
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.
The Complainant has not attended to have his complaint heard. The Complaints are not well founded and it is my decision that this matter be Struck Out. |
Dated: 30th October 2018
Workplace Relations Commission Adjudication Officer: Penelope McGrath BL
Key Words:
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