ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017438
Parties:
| Complainant | Respondent |
Anonymised Parties | A Former employee | A Logistics Company |
Representatives | Did not attend | Conor O'Gorman IBEC |
Complaint:
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-00022567-001 | 11/10/2018 |
Date of Adjudication Hearing: 07/02/2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, following the referral of the complaint to me by the Director General, I was available to inquire into the complaint and to give 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 from the 23rd October 2017 until 28th September 2018. The complaint relates to an alleged breach of the Organisation of Working Time Act, 1997. |
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 and was prepared to put forward its position in relation to the complaint. |
Findings and Conclusions:
The complaint was received by the Director General of the Workplace Relations commission on 11th October 2018 whereby the complainant alleged that his former employer contravened the provisions of the Organisation of Working Time Act, 1997 in relation to him. The complaint was assigned the complaint application number CA-00022567-001. The said complaint was referred to me for investigation. A hearing for that purpose was arranged for 7th February 2019. The complainant did not attend the adjudication hearing. The complainant was contacted by telephone and he confirmed that he had forgotten the date and time of the adjudication hearing. The complainant asked that the matter be rescheduled. The complainant was advised to submit written correspondence to the Workplace Relations Commission (WRC) within 10 days confirming what he had stated over the telephone and his application for a further hearing date would be considered on receipt of the respondent’s response to his request. The complainant did not submit any further correspondence to the WRC. |
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.
In all of the circumstances of the matter, I must conclude that the within complaint (CA-00022567-001) is not well-founded and I decide accordingly. |
Dated: 26/03/19
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
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