ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00024870

Parties:

	Complainant	Respondent
Anonymised Parties	A Head Chef	A Hotel

Representatives

Not represented

Complaints:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00031635-001	17/10/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00031635-003	17/10/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00031635-004	17/10/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00031635-005	17/10/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00031635-006	17/10/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00031635-007	17/10/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00031635-008	17/10/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00031635-009	17/10/2019

Date of Adjudication Hearing: 06/02/2020

Workplace Relations Commission Adjudication Officer: Shay Henry

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.

Findings and Conclusions:

The complainant did not appear for the hearing and did not contact the Adjudication Service in advance. On 17th February, 11 days after the hearing, he emailed the Adjudication Service stating that he had misread the letter concerning the date of the hearing.

I am satisfied that the complainant was on notice of the hearing, and the non-attendance has not been explained to my satisfaction and therefore I find the complaints are not well founded.

In relation to the complaint referred under the Industrial Relations Act, 1969, as the complainant was not in attendance at the hearing, I find that the complaint was not well founded.

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.

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

The complaints under Organisation of Working Time Act, 1997 are not well founded

The complaints under the Industrial Relations Acts, 1969 are not well founded.

Dated: September 11th 2020

Workplace Relations Commission Adjudication Officer: Shay Henry

Key Words:

Non-attendance