ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013632
Parties:
| Complainant | Respondent |
Anonymised Parties | A truck driver | A transport company |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00017866-001 | 09/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00017866-002 | 09/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00017866-003 | 09/03/2018 |
Date of Adjudication Hearing: 09/08/2018
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 was employed by the Respondent from 9th October 2017 to 9th February 2018 as a truck driver. He worked 45 hours a week and was paid €432 gross. At the time the adjudication hearing was scheduled to commence, it became apparent that there was no appearance by or on behalf of the Complainant. I am satisfied that the Complainant was notified of the venue, date and time of the hearing. I waited some time to accommodate a late arrival. |
Summary of Complainant’s Case:
The Complainant referred three complaints to the Workplace Relations Commission (WRC) on 9th March 2018. In his written referral to the WRC the Complainant submits that: CA-00017866-001 – he did not receive his written statement of terms and conditions of employment. CA-00017866-002 – he did not receive his full annual leave entitlement and overtime. CA-00017866-003 – he did not receive the national minimum wage, he claims that he worked over 45 hours and was paid €400. The Complainant did not attend the hearing or provide any explanation for failure to do so. |
Summary of Respondent’s Case:
The Respondent attended the adjudication to meet the claims. |
Findings and Conclusions:
As the Complainant did not attend the adjudication hearing to advance his complaints I do not make any findings or conclusions. |
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.
As the Complainant did not attend the adjudication hearing to advance his complaints, the complaints: CA-00017866-001, CA-00017866-002, CA-00017866-003 fail for want of prosecution and I declare the complaints to be not well-founded. |
Dated: 5th September 2018
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Key Words:
Non-attendance – terms of employment- annual leave – overtime – minimum wage |