ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017327
Complaints:
Act | Complaint 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-00021809-002 | 11/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00021809-003 | 11/09/2018 |
Date of Adjudication Hearing: 17/01/2019
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 commenced his employment with the Respondent on 29th May 2017. His employment ceased on 27th October 2017. The Complainant referred his complaints to the WRC on 11th September 2018 alleging that he did not receive his annual leave entitlements and that was not compensated for the loss of his annual leave on leaving. The adjudication hearing was scheduled on 17th January 2018. On 14th January 2018 the WRC received an email from the Respondent advising that it would not attend the hearing and that the Respondent had decided to make payment of any due disputed holidays to the Complainant. The email was copied to the Complainant. On 15th January 2018 the Complainant replied thanking for the update and confirming that he would advise if he receives any correspondence from the Respondent. On the day of the hearing there was no appearance by or on behalf of the Parties. I confirmed that letters had issued notifying the Parties of the date, time and location of the hearing. Having been satisfied of this, I waited some time to accommodate a late arrival. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. |
Findings and Conclusions:
As the Parties did not attend the adjudication hearing 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 fail and I must conclude that the complaints are not well-founded. |
Dated: 20/02/2019
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Key Words:
Non-attendance- organisation of working time act-annual leave |