ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030634
Parties:
| Complainant | Respondent |
Parties | Ciaran McBride | Bridgeburn Developments Ltd |
Representatives | None | Cathy McGrady BL instructed by D. P. Barry & Co. Solicitors |
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-00040739-001 | 02/11/2020 |
Date of Adjudication Hearing: 12/08/2021
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 2nd November 2020, the complainant submitted a complaint to the Workplace Relations Commission. The complaint was scheduled for adjudication on the 12th August 2021.
This adjudication was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/2020, which designated the WRC as a body empowered to hold remote hearings.
At the time the adjudication was scheduled to commence, there was no attendance by or on behalf of the complainant. I verified that the complainant was on notice of the time and date of the hearing and had been supplied with the details to access the remote hearing. Having verified this, I proceeded with the adjudication.
The respondent was represented by Cathy McGrady BL instructed by Jack Barry, D.P. Barry & Co Solicitors. One witness attended for the respondent.
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.
Summary of Complainant’s Case:
There was no appearance by or on behalf of the complainant. |
Summary of Respondent’s Case:
The respondent was in attendance to answer the complaint. |
Findings and Conclusions:
I find that the complaints are not well-founded as the complainant did not attend the adjudication to advance any basis for a contravention of the Act. |
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.
CA-00040739-001 I decide that the complaint is not well-founded as the complainant to not attend the adjudication to advance any basis for a contravention of the Organisation of Working Time Act. |
Dated: 13th September 2021
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Organisation of Working Time Act |