ADJUDICATION OFFICER DECISIONS
Adjudication Reference: ADJ-00017187
Parties:
| Complainant | Respondent |
Anonymised Parties | A manager | A restaurant owner |
Complaints:
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-00022263-001 | 30/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00022263-002 | 30/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00022263-003 | 30/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00022263-006 | 30/09/2018 |
Date of Adjudication Hearing: 02/01/2019
Workplace Relations Commission Adjudication Officer: Kevin Baneham
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.
On the 28th November 2018, the complainant emailed to say that she would be away on a trip on the scheduled date of hearing. By return, the Workplace Relations Commission requested supporting documentation from the complainant. This was not forthcoming.
At the time the adjudication was scheduled to commence, it was apparent that there was no appearance by or on behalf of the complainant. I verified that the complainant was on notice of the time, date and venue of the adjudication. Having verified this, I proceeded with the adjudication in the absence of the complainant.
Summary of Complainant’s Case:
The complainant did not attend to outline her case of a breach in each of the above complaints. |
Summary of Respondent’s Case:
The respondent was in attendance to meet each complaint. |
Findings and Conclusions:
As the complainant did not attend the adjudication to give details of any breach of the relevant statutes, I find that each complaint is 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-00022263-001 I find that this complaint pursuant to the Minimum Notice & Terms of Employment Act is not well founded.
CA-00022263-002 I find that this complaint pursuant to the Organisation of Working Time Act is not well founded.
CA-00022263-003 I find that this complaint pursuant to the Organisation of Working Time Act is not well founded.
CA-00022263-006 I find that this complaint pursuant to the Payment of Wages Act is not well founded. |
Dated: 16th January 2019
Workplace Relations Commission Adjudication Officer: Kevin Baneham