ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00034638
Parties:
| Complainant | Respondent |
Parties | William Sharkey | Doyle Catering Meats |
Representatives | No appearance | David O'Reilly O'Reilly Curran & Associates Limited |
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-00045742-001 | 17/08/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00045742-002 | 17/08/2021 |
Date of Adjudication Hearing: 13/04/2022
Workplace Relations Commission Adjudication Officer: Maria Kelly
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 attended the remote hearing to inquire into the complaints and to give the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints. The matter was to be heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the Workplace Relations Commission as a body empowered to hold remote hearings. There was no appearance by or on behalf of the complainant.
Background:
In the complaint form received by the Workplace Relations Commission on 17 August 2021 the complainant asserted he did not receive his paid holiday/annual leave entitlement and did not receive his public holiday entitlement. |
Summary of Complainant’s Case:
There was no appearance by or on behalf of the complainant. |
Summary of Respondent’s Case:
The respondent’s representative rejected the complaints and stated that all payments due were paid. As there was no appearance by the complainant the respondent’s representative requested the complaints be dismissed. |
Findings and Conclusions:
There was no appearance by or on behalf of the complainant at the remote hearing. I note from the case file that a manual complaint form was received on 17 August 2021. The complaint was acknowledged on 26 August 2021 together with a request for an e-mail address for the complainant to which notices and documents could be served on the complainant by e-mail. The complainant, by e-mail dated 31 August 2021, provided his e-mail address. I note that the complainant was notified of the date and time of the remote hearing by e-mail, dated 25 February 2022, sent to the e-mail address provided on 31 August 2021. The complainant was contacted by e-mail, dated 06 April 2022, requesting the list of attendees for the hearing. The invitation to attend the remote WebEx hearing was sent to the complainant by e-mail, dated 08 April 2022. The e-mail invitation contained the link to the remote hearing and instructions on joining the hearing, together with contact telephone numbers. I note the complainant was also contacted by telephone on 08 April 2022 and provided with details of the remote hearing and joining instructions. I am satisfied that the complainant was informed of the date and time of the hearing. Further, I am satisfied that the complainant was provided with the contact details needed to attend the remote hearing by video and/or telephone. I waited 10 minutes after the time the hearing was due to commence but there was no appearance by or on behalf of the complainant. There was no application by or on behalf of the complainant for an adjournment of the hearing. The respondent’s representative noted that they were in attendance and had incurred costs in time and money in being present. The respondent rejected the complaints and requested they be dismissed. As the complainant failed to appear to pursue the complaints I find the complaints are not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00045742-001 Complaint submitted under Section 27 of the Organisation of Working Time Act, 1997. The complainant failed to appear to pursue the complaint. I find the complaint is not well founded. CA-00045742-002 Complaint submitted under Section 27 of the Organisation of Working Time Act, 1997. The complainant failed to appear to pursue the complaint. I find the complaint is not well founded.
|
Dated: 22nd April 2022
Workplace Relations Commission Adjudication Officer: Maria Kelly
Key Words:
Payment for annual leave Payment for public holidays |