ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00020326
| Complainant | Respondent |
Anonymised Parties | A Security Screening Officer | An Airport Authority |
Complaint:
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-00026864-001 | 06/03/2019 |
Date of Adjudication Hearing: 18/06/2019
Workplace Relations Commission Adjudication Officer: Enda Murphy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint
Background:
The Complainant was employed by the Respondent as a Security Screening Officer from 6 April, 2017 until 20 October, 2018. The Complainant claimed that the Respondent contravened the provisions of Section 21 of the Organisation of Working Time Act 1997 in relation to her public holiday entitlements. The Respondent disputes the claim. |
Summary of Complainant’s Case:
The Complainant failed to attend the Hearing to adduce evidence in support of his complaint. |
Summary of Respondent’s Case:
The Respondent was in attendance at the Hearing. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission by the Complainant on 6 March, 2019 alleging that her former employer contravened the provisions of Section 21 of the Organisation of Working Time Act 1997 in relation to her public holiday entitlements. The Complainant contacted the WRC by e-mail on 29 April, 2019 to enquire about the current status of her complaint and to indicate that she did not wish to attend an oral hearing in relation to the matter. The Complainant was informed by return e-mail from the WRC Secretariat on 1 May, 2019 that it would be necessary for her to attend the oral hearing in relation to the complaint. The said complaint was referred to me for investigation. A hearing for that purpose was held on 4 June, 2019. I note that the parties were notified in writing by the WRC in relation to the date of the hearing by letter dated 7 May, 2019. There was no appearance by or on behalf of the Complainant at the hearing. In the circumstances, I am satisfied that the said Complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Having regard to the above circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint under the Organisation of Working Time Act 1997 is not well-founded and I decide accordingly. |
Dated: 18.07.2019
Workplace Relations Commission Adjudication Officer: Enda Murphy
Key Words:
Organisation of Working Time Act 1997 – Section 21 – Public Holiday Entitlements – Complainant Failed to Attend Hearing – Complaint not well-founded |