ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027092
Parties:
| Complainant | Respondent |
Parties | Chao Xing | Carxie Restaurants Limited |
| Complainant | Respondent |
Anonymised Parties | Bartender | Restauranteur |
Representatives | Did not attend | Did not attend |
Complaints:
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-00034664-001 | 15/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00034664-002 | 15/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034664-003 | 15/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00034664-004 | 15/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00034664-005 | 15/02/2020 |
Date of Adjudication Hearing: 04/05/2021
Workplace Relations Commission Adjudication Officer: Maire Mulcahy
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. On the 4/5/2021 a remote hearing was set up in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
Background:
The complainant submitted a complaint on 15/2/2020 that the respondent had breached sections 14 and 21 of the Organisation of Working Time Act, 1997, section 5 of the Payment of Wages Act, 1991, section 3 of the Terms of Employment (Information) Act, 1994 and section 4 of the Minimum Notice & Terms of Employment Act, 1973 in relation to him. |
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 15/2/2020 alleging that the respondent had breached sections 14 and 21 of the Organisation of Working Time Act, 1997, section 5 of the Payment of Wages Act, 1991, section 3 of the Terms of Employment (Information) Act, 1994 and section 4 of the Minimum Notice & Terms of Employment Act, 1973 in relation to him. A hearing for that purpose was held on 4 May 2021. There was no appearance by 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: August 4th 2021
Workplace Relations Commission Adjudication Officer: Maire Mulcahy
Key Words:
No show, |