ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00029950
Parties:
| Complainant | Respondent |
Parties | John Kelly | Dublin Port Company |
Representatives | David Montgomery of Thomas Montgomery & Son | Michael McGrath of IBEC |
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-00039861-001 | 16/09/2020 |
Date of Adjudication Hearing: 02/11/2021
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
Background:
A first hearing took place on 25 May 2021 and the respondent’s representative submitted there would be a conflict of evidence. The hearing was adjourned pending the implementation of legislation which would allow Adjudication Officers to hear evidence given under oath or by affirmation. The hearing re-scheduled for 2 November 2021. The complainant’s representative was present but the complainant was not present. The respondent and their representative were present. |
Findings and Conclusions:
The complaint was referred to me for investigation. A hearing for that purpose was held on 2 November 2021. The complainant was not present at the hearing. His representative made it clear the complainant was aware of the date and time of the virtual hearing but chose not to attend. In these circumstances the complainant was unable to give direct evidence to pursue his complaint. I conclude, in the absence of direct evidence, that the complaint is not well founded. |
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.
For the reasons given above I decide that this complaint is not well founded. |
Dated: 08th November 2021
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
Key Words:
Failure to attend |