ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00025159
Parties:
| Complainant | Respondent |
Anonymised Parties | A Security Worker | A Security Company |
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-00031818-001 | 24/10/2019 |
Date of Adjudication Hearing: 26/02/2020
Workplace Relations Commission Adjudication Officer: Louise Boyle
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 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 did not attend. The complainant’s representative did attend. |
Summary of Complainant’s Case:
The complainant’s representative attended but the complainant did not attend. The complainant’s representative apologised for the failure of the complainant to attend.
The complainant’s complaint form detailed that the complainant had not received Sunday premium. |
Summary of Respondent’s Case:
The respondent did attend. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations commission from the complainant on 24 October 2019 alleging that the employer contravened the provisions of Section 27 of the Organisation of Working Time Act 1997. The said complaint was referred to me for investigation.
A hearing for that purpose was held on 26th February 2020. There was no appearance by the complainant at the hearing and the complainant’s representative apologised for same.
The respondent attended 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 complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I conclude that the within complaint is not well-founded and I decide accordingly. |
Dated: 7th April 2020
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Sunday premium, complainant did not attend |