ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00006584

Parties:

	Complainant	Respondent
Anonymised Parties	A Security Officer	A Security Company

Representatives

Unrepresented

John Barry of Management Support Services (Ireland) Ltd

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000	CA-00008943-001	03/01/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008943-002	03/01/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00008943-003	03/01/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008943-004	03/01/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008943-005	03/01/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00008943-006	03/01/2017

Date of Adjudication Hearing: 21/01/2019

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, Section 24 of the National Minimum Wage Act, 2000; Section 27 of the Organisation of Working Time Act, 1997 ; Section 6 of the Payment of Wages Act, 1991 and Section 7 of the Terms of Employment (Information) Act, 1994 following 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:

The issues in contention concern a Security Officer and a Security Company.

1: Summary of Complainant’s Case:

Did not attend and no evidence given.

2: Summary of Respondent’s Case:

As the Complainant did not attend and no evidence was presented the Respondent did not go into evidence. The Claim was resolutely denied.

3: Findings and Conclusions:

A complaint was received by the Director General of the Workplace Relations Commission from the Complainant in this case alleging that his employer / former employer, the Respondent, in this case contravened the provisions of the listed Statues above in relation to him.

The said complaint was referred to me for investigation. A hearing for that purpose was held on the 21st January 2019.

There was no appearance by or on behalf of the Complainant at the hearing. 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.

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

Decision:

Section 41 of the Workplace Relations Act 2015 ; Section 24 of the National Minimum Wage Act, 2000; Section 27 of the Organisation of Working Time Act, 1997 ; Section 6 of the Payment of Wages Act, 1991 and Section 7 of the Terms of Employment (Information) Act, 1994 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.

Act	Complaint/Dispute Reference No.	Summary Decision /Please refer to Section Three above for detailed reasoning.
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000	CA-00008943-001	Claim is not well founded and is dismissed.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008943-002	Claim is not well founded and is dismissed.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00008943-003	Claim is not well founded and is dismissed.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008943-004	Claim is not well founded and is dismissed.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00008943-005	Claim is not well founded and is dismissed.
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00008943-006	Claim is not well founded and is dismissed.

Dated 11th March, 2019

Workplace Relations Commission Adjudication Officer: Michael McEntee

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