ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00029424
Parties:
| Complainant | Respondent |
Parties | Xinyue He | Global Asian Restaurant Ltd t/a Buffet Restaurant |
Representatives | Did not appear | Did not appear |
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-00039148-001 | 12/08/2020 |
Date of Adjudication Hearing: 06/05/2021
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 27 of the Organisation of Working Time Act, 1997 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.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings
Background:
The Complaint refers to an allegation that proper Holiday Pay was not paid. The Complainant worked a 20-hour week for € 201:00 gross per week. The employment began on the 11/11/2017 and ended on the 27/06/2020 |
1: Summary of Complainant’s Case:
No appearance was made, and no evidence presented. |
2: Summary of Respondent’s Case:
No appearance was made. |
3: Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations commission by Ms.He alleging that her former employer, Global Asian Restaurant Ltd t/a Buffet Restaurant, 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 06/05/2021. 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.
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4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 27 of the Organisation of Working Time Act, 1997 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the cited Acts.
As stated above the complaint (CA 00039148-0010) is not well-founded and I decide accordingly.
The complaint fails.
Dated: 05-07-2021
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Holiday Pay |