ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026368
Parties:
| Complainant | Respondent |
Anonymised Parties | An Agency Worker | A Recruitment Agency |
Representatives |
|
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 25 of the Protection of Employees (Temporary Agency Work) Act, 2012 | CA-00032238-001 | 14/11/2019 |
Date of Adjudication Hearing: 27/02/2020
Workplace Relations Commission Adjudication Officer: John Harraghy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 25 of the Protection of Employees (Temporary Agency Work) Act 2012 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 is employed by the Respondent who operates a recruitment agency. He works a 25-hour week and is paid €350 gross per week. The Complainant alleges that when on one assignment which lasted for 20 weeks he did not get a 15-minute break. He got a one-hour break during his shift which was from 1.00pm until 7.00pm. He alleges that he was the only employee who did not receive a 15-minute break during this placement and is seeking payment for the time allegedly due to him. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing. I am satisfied that the Complainant was on written notice of the date, time and venue of the hearing. |
Summary of Respondent’s Case:
The Respondent attended the hearing and was prepared to present their case to refute the complaint. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations commission on 14/11/2019 alleging that the Complainant’s employer contravened the provisions of Section 25 of the Protection of Employees (Temporary Agency Work) Act 2012 in relation to him. The said complaint was referred to me for investigation. A hearing for that purpose was held on 29/02/2020. 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 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. In these circumstances I find that the complaint was not well founded. |
Dated: 26th August 2020
Workplace Relations Commission Adjudication Officer: John Harraghy
No appearance. Agency worker. |
Key Words: