ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00024883
Parties:
| Complainant | Respondent |
Anonymised Parties | A Security Guard | A Security Company |
Representatives | Paul Hardy SIPTU | Rob Nolan Peninsula |
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-00031659-001 | 18/10/2019 |
Date of Adjudication Hearing: 27/02/2020
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 andfollowing 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, a Security Guard, alleges that the Respondent, a Security Company, failed to make the appropriate payment for 96.5 hours worked on Sundays in the six-month period prior to the date of the complaint. |
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.
A complaint was received by the Director General of the Workplace Relations Commission from the Complainant on 18 October 2019 alleging that the Respondent contravened the provisions of the Organisation of Working Time Act, 1997 in relation to him. The said complaint was referred to me for investigation. A hearing for that purpose was held on 27 February 2020.
There was no appearance by the Complainant at the hearing. I am satisfied with the said Complainant was informed in writing of the date, time and place at which the hearing to investigate his 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. |
Dated: 24th April 2020
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Key Words:
The Organisation of Working Time Act Sunday Premium |