ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026625
Parties:
| Complainant | Respondent |
Parties | Christopher Russell | Celtic Security Solutions t/a Lawmann Limited |
| Complainant | Respondent |
Representatives | Did not attend Oral Hearing | Pauline Curran of Curran HR Consultancy Limited |
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-00033866-001 | 18/01/2020 |
Date of Adjudication Hearing: 08/12/2021
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 27 of the Organisation of Working Time Act, 1997 the 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties, in attendance, were informed in advance that the Hearing would be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
Due to Covid 19 difficulties the publication of the Adjudication finding was delayed.
Background:
The issue in contention concerned the alleged non-issue of P60 and Pay Slips for the Tax Years 2017 and 2018. The correct rate of Public Holiday pay was also queried by the Complainant. |
1: Opening Issue: Non-Attendance of Complainant.
The Complainant did not attend the Oral hearing and no explanation was forthcoming either before or after the Hearing date.
I was satisfied that proper notice of the date, time and place of the Hearing had been properly served.
Accordingly, in the absence of all Complainant evidence, the Adjudication Decision is that the case is Not Well Founded.
2: Findings and Conclusions:
The Complainant, despite being advised of the date, time and place of the Hearing did not attend or submit any evidence. Accordingly, the case is deemed to be Not Well Founded. |
3: Decision:
CA-00033866-001
Section 41 of the Workplace Relations Act 2015 and Section 27 of the Organisation of Working Time Act, 1997 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the cited Acts.
As the Complainant did not attend the Hearing and no explanations were offered and no evidence was presented the complaint is deemed to be Not Well Founded.
Dated: 16th March 2022
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Non-production of Tax Documents, Bank Holiday Pay & OWT Act,1977 |