ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00019666

Parties:

	Complainant	Respondent
Anonymised Parties	A Waiter	A Restaurant

Representatives

Complaint(s):

Act	Complaint/Dispute 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-00026147-001	07/02/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00026147-002	07/02/2019

Date of Adjudication Hearing: 23/04/2019

Workplace Relations Commission Adjudication Officer: Roger McGrath

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 13 of the Industrial Relations Acts 1969following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

A complaint was received by the Director General of the Workplace Relations commission by the Complainant on 7th February 2019, alleging that his former employer contravened the provisions of the Organisation of Working Time Act, 1997 and seeking adjudication under section 13 of the Industrial Relations Act, 1969. The said complaint was referred to me for investigation. A hearing for that purpose was held on 23^rd April 2019. There was no appearance by or on behalf of the complainant at the hearing. Two working days before the hearing the Complainant contacted the WRC and requested a postponement for personal reasons.

Summary of Complainant’s Case:

The Complainant did not attend the hearing.

Summary of Respondent’s Case:

The Respondent did attend the hearing.

Findings and Conclusions:

I find there was insufficient evidence provided to support the Complainant’s request for a postponement. In the circumstances I find a postponement is not warranted.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]

In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I decide accordingly."

Dated: 10^th June 2019

Workplace Relations Commission Adjudication Officer: Roger McGrath

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