ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00031641

Parties:

	Complainant	Respondent
Parties	Tamires Valencoella Garcia	Twinventure Ltd Red Cherry Cafe

Representatives

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-00041835-001	07/01/2021

Date of Adjudication Hearing: 30/07/2021

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll

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:

The Complainant was employed as a waitress from 14th January 2020 to 21st March 2020.

Summary of Complainant’s Case:

The Complainant seeks payment of annual leave from the Respondent which was not taken pursuant to S27 of the Organisation of Working Time Act 1997.

Summary of Respondent’s Case:

The Respondent attended the hearing and says the Complainant’s annual leave was paid.

Findings and Conclusions:

There was no appearance by or on behalf of the Complainant at the hearing.

I am satisfied that the Complainant was informed of the hearing. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude 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.

The complaint is not well founded.

Dated: 1st February 2022

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll

Key Words:

Non-appearance by Complainant.