ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00020734

Parties:

	Complainant	Respondent
Anonymised Parties	{A Security Officer}	{A Security Company}

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00027255-001	25/03/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00027255-002	25/03/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00027255-003	25/03/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00027255-004	25/03/2019

Date of Adjudication Hearing: 31/05/2019

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint and dispute to me by the Director General, I inquired into the complaints and disputes and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints and disputes.

Background:

The Complainant is a Security Officer with the Respondent.

Summary of Complainant’s Case:

The Complainant says he did not receive the minimum rate of pay set out in the Employment Regulation Order which is 11.35 on his payslip. He has not received Sunday Premium nor public holiday pay. He says he never received amounts and times of overtime working. There are no minimum hours stated in his contract.

Summary of Respondent’s Case:

The Respondent attended the hearing.

Findings and Conclusions:

A complaint was received by the Director General of the Workplace Relations commission alleging that the Complainant’s employer contravened the provisions of S27 of the Organisation of Working Time Act 1997 and S45A of the Industrial Relations Act 1946 in relation to him. The complaint was referred to me for investigation. 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 requires that I make a decision in relation to the complaints and disputes in accordance with the relevant redress provisions under Schedule 6 of that Act.

The within complaint is not well-founded.

Dated: 27/11/2019

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll