ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00022634

Parties:

	Complainant	Respondent
Anonymised Parties	A Head Waiter	A Restaurant

Representatives

Complaint(s):

Act	Complaint/Dispute 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-00029200-001	20/06/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00029200-002	20/06/2019

Date of Adjudication Hearing: 23/10/2019

Workplace Relations Commission Adjudication Officer: Thomas O'Driscoll

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 gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background:

The Complainant submitted two claims to the Workplace Relations Commission which were received on June 20^th, 2019. Both were under the Minimum Notice and Terms of Employment Act, 1973. The Complainant claimed that he did not receive his statutory minimum notice upon termination of his employment nor did he receive his employment rights during the period of notice. I was present at the designated place and time of hearing. The Respondent was in attendance at the hearing. I allowed a 30-minute interval to elapse, but the Complainant failed to appear. I was satisfied that the Complainant had received the appropriate notification for the location, time and date of hearing.

Summary of Complainant’s Case:

No evidence submitted due to the non-appearance of the Complainant.

Findings and Conclusions:

I find that Complaints CA-00029200-001 and CA-00029200-002 under the Minimum Notice and Terms of Employment Act 1973 are not well founded.

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-00029200-001: I find that this complaint under the Minimum Notice and Terms of Employment Act 1973 is not well founded.

CA-00029200-002: I find that this complaint under the Minimum Notice and Terms of Employment Act 1973 is not well founded.

Dated: 2^nd December 2019

Workplace Relations Commission Adjudication Officer: Thomas O'Driscoll

Key Words:

Minimum Notice