ADJ-00013044

Complainant

Respondent

Anonymised Parties

An Operator

A Windscreen Business

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

CA-00017371-001

02/02/2018

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00017371-002

02/02/2018

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00017371-003

02/02/2018

The Workplace Relations received three complaints from the above complainant on February 2, 2018. The Respondent was notified of their existence on February 19 ,2018. This letter was returned marked “gone away “.

On May 3, 2018, the complainant’s representative informed the WRC that she understood that the respondent was operating from a non-fixed location. This was followed by a request to amend the respondent legal title on June 1,2018.

A Postponement was granted in August 2018 and the case was scheduled for hearing on September 24, 2018 at 10.30 hrs.

On September 5, 2018, the WRC received notice that the Complainants Representative was no longer on notice in the case. The Respondent had not come on record in any format.

I proceeded to hearing as planned and neither party were in attendance. I allowed the usual waiting period but this did not prompt an attendance. Neither party made a follow-on contact with the WRC.

I commenced the hearing at 11.00 am.

The Complainant outlined that he worked as an Operator from October 1, 2018 to 12 October 2017. He received €529.82 gross for a 40-hour week. He submitted the following complaints.

CA -00017371-001 Minimum Notice Claim

The Complainant submitted that he had not received correct notice of redundancy or payment in lieu. He sought payment of €2,119.28 on foot of a written application dated December 7, 2017.

CA-00017371-002 Annual Leave

The Complainant outlined that he was owed two weeks holidays. He had sought payment on December 7, 2017.

CA -00017371-003 Public Holiday

The Complainant submitted that he was owed €105 as compensation for working the October 2017 public holiday. He had sought payment on 7 December 2017.

CA -00017371-001 Minimum Notice Claim (No Appearance or defence)

CA-00017371-002 Annual Leave (No Appearance or defence)

CA -00017371-003 Public Holiday (No Appearance or defence)

I have found that neither party attended the hearing. I did not receive any communication to explain this development. I allowed a reasonable waiting period to prompt attendance. I must find that in the absence of the complainant, his claims must fall in their entirety for want of prosecution.

CA -00017371-001 Minimum Notice Claim

This claim has not succeeded for want of prosecution.

A-00017371-002 Annual Leave

This claim has not succeeded for want of prosecution.

CA -00017371-003 Public Holiday

This claim has not succeeded for want of prosecution.

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.

CA -00017371-001

Section 11 of the Minimum Notice and Terms of Employment Act, 1973 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act. This claim has not succeeded for want of prosecution

CA -00017371-002

Section 27 of the Organisation of Working Time Act, 1997 requires that I decide in relation to the complaint in accordance with the 1997 Act. This claim has not succeeded for want of prosecution

CA -00017371-003

Section 27 of the Organisation of Working Time Act, 1997 requires that I decide in relation to the complaint in accordance with the 1997 Act. This claim has not succeeded for want of prosecution.

Notice Period, Annual leave and Public Holiday