ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047040
Parties:
| Complainant | Respondent |
Parties | Dariusz Przebieracz | Cedarglade Ltd t/a Super Valu The Hypercentre |
Representatives | No appearance | Robin McKenna IBEC |
Complaint:
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-00057902-001 | 25/07/2023 |
Date of Adjudication Hearing: 30/11/2023
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
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 Complaint relates to a dispute over payment for annual leave.
Summary of Complainant’s Case:
The Complainant has a dispute with the Respondent employer about holiday pay which he believes he was owed and was not paid to him at the end of his employment. He did not attend the hearing to put forward his complaint.
Summary of Respondent’s Case:
The Respondent and representative attended the hearing and had submitted a written submission in advance. It was contended in the written submission that numerous attempts had been made to demonstrate to the Complainant that there was no monies owed.
Findings and Conclusions:
The Complainant was notified on 27 October 2023 of the date, time and venue for the hearing convened to consider his complaint. This notification was issued by email and a letter attached with the details of the hearing. The Complainant did not attend the hearing. I am satisfied that the hearing notice was issued to the correct email address supplied by the Complainant. I find the Complainant was notified and failed to attend to prosecute his complaint, and I find the complaint to be 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 Complainant was notified of the hearing and failed to attend to prosecute his complaint, and I find the complaint to be not well founded.
Dated: 24/01/24
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Complainant failed to attend the hearing. Complaint not well founded. |