ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00032875
Parties:
| Complainant | Respondent |
Parties | Rommel Ico | Concentrix Corporation |
Representatives | Did not attend the hearing | Not represented |
Complaint:
Act | Complaint 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-00043558-001 | 11/04/2021 |
Date of Adjudication Hearing: 05/07/2021
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
This complaint was submitted to the WRC on April 11th 2021 and, in accordance with section 41 of the Workplace Relations Act 2015, it was assigned to me by the Director General. I conducted a remote hearing on July 5th 2021, 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.
On June 29th 2021, the complainant sent an email to the WRC to inform us that he could not attend the hearing because he was working. He was informed that this was not an acceptable reason to adjourn the hearing, and, apart from that, he had not applied for an adjournment in the normal way in accordance with the WRC’s procedure on adjournments. He replied again that he would not be in attendance and he was informed that, in his absence, his complaint may not succeed.
For the respondent, a human resources (HR) manager, an associate HR director and an operations manager attended the hearing. They sent a written submission on June 25th 2021.
Background:
The complainant’s case is that he was not paid his outstanding holiday pay prior to the termination of his employment on February 27th 2021. |
Summary of Complainant’s Case:
The complainant did not attend the hearing. |
Summary of Respondent’s Case:
In their written submission, the respondent said that on March 28th 2021, in the final salary paid to the complainant, he was paid 55.93 hours in holiday pay. Due to an administrative error, this was 4.07 hours short of the holidays to which he was entitled at his termination. The remaining 4.07 hours’ was paid to the complainant on June 28th 2021. |
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.
In the circumstances where the complainant did not attend the hearing, and, in the absence of any evidence to the contrary having been submitted, I must conclude that this complaint is not well-founded and I decide accordingly. |
Dated: 19th July 2021
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Non-attendance of the complainant |