ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00026675

Parties:

	Complainant	Respondent
Anonymised Parties	A Barista	A Coffee Shop

Representatives

none

Complaint(s):

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-00033973-001	22/01/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00033973-002	22/01/2020

Date of Adjudication Hearing: 22/01/2021

Workplace Relations Commission Adjudication Officer: Ray Flaherty

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 commenced employment as a barista with the Respondent, a Coffee Shop, on 26 February 2017. Her employment ended on 27 December 2019.

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.

A complaint was received by the Director General of the Workplace Relations Commission from the Complainant on 22 January 2020 alleging that the Respondent contravened the provisions of the Organisation of Working Time Act, 1997, in relation to her. The said complaint was referred to me for investigation. A hearing for that purpose was held on 22 January 2021.

There was no appearance by or on behalf of the Complainant at the hearing. I am satisfied with the said Complainant was informed in writing of the date, time and place at which the hearing to investigate her complaint would be held.

The Respondent also failed to attend the hearing.

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.

Dated: 27th April, 2021

Workplace Relations Commission Adjudication Officer: Ray Flaherty

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