ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00023967
Parties:
| Complainant | Respondent |
Anonymised Parties | A HGV Driver | A Freight and Haulage Company |
Representatives |
|
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 8 of the European Communities (Working Conditions of Mobile Workers engaged inInteroperable Cross-Border Services in the Railway Sector) Regulations, 2009-SI No. 377 of | CA-00029983-001 | 30/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00029983-002 | 30/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission SI No. 494 of 2004 and Clauses 6 of the EC (Working Conditions of Mobile Workers engaged in Interoperable Cross-Border Services in the Railway Sector) Regulations, 2009-SI No. 377 of 200 | CA-00029983-003 | 30/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00029983-005 | 30/07/2019 |
Date of Adjudication Hearing: 05/12/2019
Workplace Relations Commission Adjudication Officer: Gerry Rooney
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant, and German national raised a number of complaints which included a complaint under the Payment of Wages Act 1997, working time and rest breaks.
The Complainant did not attend the hearing and failed to provide documentation to support the reason for his absence. The Respondent attended the hearing.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
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. The Complainant when requested failed to provided supporting documentation to confirm the reason for his failure to attend
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.
I find the complaint fails due to lack of prosecution.
Dated: 17/08/2020
Workplace Relations Commission Adjudication Officer: Gerry Rooney