ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019618
Parties:
| Complainant | Respondent |
Anonymised Parties | A Chef | A Restaurant |
Complaints:
Act | Complaint/Dispute 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-00025994-001 | 04/02/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00025994-002 | 04/02/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00025994-003 | 04/02/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00025994-004 | 04/02/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00025994-005 | 04/02/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00025994-006 | 04/02/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00025994-007 | 04/02/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00025994-008 | 04/02/2019 |
Date of Adjudication Hearing: 20/05/2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
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 as a Chef from 16th October 2018 until 18th January 2019. The complaints relate to alleged breaches of the Terms of Employment (Information) Act, 1994, the Organisation of Working Time Act, 1997 and the Payment of Wages Act, 1991. |
Summary of Complainant’s Case:
The complainant did not attend the adjudication hearing and was not represented. |
Summary of Respondent’s Case:
The respondent attended the adjudication hearing to put forward its position in relation to the complaints. |
Findings and Conclusions:
The complaints were received by the Director General of the Workplace Relations commission on 4th February 2019 whereby the complainant alleged that his former employer contravened the provisions of the Terms of Employment (Information) Act, 1994, the Organisation of Working Time Act, 1997 and the Payment of Wages Act, 1991 in relation to him. The complaints were assigned the complaint application numbers CA-00025994-001, CA-00025994-002, CA-00025994-003, CA-00025994-004, CA-00025994-005, CA-00025994-006, CA-00025994-007 and CA-00025994-008. The said complaints were referred to me for investigation. A hearing for that purpose was arranged for 20th May 2019. Notification of the date, time and venue of the adjudication hearing was issued to the complainant on 10th April 2019. There was no appearance by or on behalf of the complainant at the adjudication hearing on 20th May 2019 and the complainant has made no further contact to date. |
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.
In all of the circumstances of the matter, I must conclude that the within complaints CA-00025994-001, CA-00025994-002, CA-00025994-003, CA-00025994-004, CA-00025994-005, CA-00025994-006, CA-00025994-007 and CA-00025994-008 are not well-founded and I decide accordingly. |
Dated: 19/07/19
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
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