ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00021323
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Gastro Pub |
Representatives | Did not attend | Conor MacGuill Solicitors |
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-00028094-001 | 26/04/2019 |
Date of Adjudication Hearing: 27/01/2020
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 give the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complaint was submitted to the Workplace Relations Commission on 26th April 2019 and relates to alleged breaches of the Organisation of Working Time Act, 1997 in respect of Annual Leave entitlements. |
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. The respondent stated that as the complainant was not present to pursue the complaint, it should be struck out. |
Findings and Conclusions:
The complaints were received by the Director General of the Workplace Relations commission on 26th April 2019 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-00028094-001. The said complaints were referred to me for investigation. A hearing for that purpose was arranged for 27th January 2020. There was no appearance by or on behalf of the complainant at the hearing. |
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-00028094-001) is not well-founded and I decide accordingly. |
Dated: 14th August 2020
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Annual Leave entitlements |