ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00023376

Parties:

	Complainant	Respondent
Anonymised Parties	Retail worker	Retailer

Representatives

Did not attend.

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
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-00029654-001	12/07/2019

Date of Adjudication Hearing: 19/11/2019

Workplace Relations Commission Adjudication Officer: Maire Mulcahy

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 submitted a complaint on 12 July 2019 that the respondent breached the terms of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 in relation to him.

The complainant did not attend the hearing.

Summary of Complainant’s Case:

The complainant did not attend the hearing.

Summary of Respondent’s Case:

The respondent did not attend the hearing

Findings and Conclusions:

A complaint was received by the Director General of the Workplace Relations commission from the complainant on 12/7/2019 alleging that the respondent contravened the provisions of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 in relation to him. The said complaint was referred to me for investigation. A hearing for that purpose was held on19 November 2019. 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 complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

I do not find this complaint to be well founded.

Dated: 1st September 2020

Workplace Relations Commission Adjudication Officer: Maire Mulcahy

Key Words:

No Show.