ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00036164

Parties:

	Complainant	Respondent
Parties	Said Bendriss	HA Grilled Food Bar Ltd

Representatives

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00043911-008	26/03/2021
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012	CA-00043911-009	26/03/2021

Date of Adjudication Hearing: 11/08/2022

Workplace Relations Commission Adjudication Officer: Orla Jones

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 inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background:

The complainant submitted complaints to the Workplace Relations Commission (WRC) on 26/03/21 alleging breaches of the above statutes.

Although I am satisfied that the Complainant was on notice of the time and date of the hearing, he did not attend to give evidence in relation to his complaints. On the day of the hearing a grace period was allowed to enable the complainant to attend or make contact with the WRC.

There is an onus on any party to a complaint, (but in particular a complainant) to attend for a hearing of which they have been given proper notice. No communications have been received from the complainant in the interim indicating any difficulty attending at the hearing, seeking a postponement, or withdrawing this claim.

Summary of Complainant’s Case:

The complainant did not attend the hearing.

Summary of Respondent’s Case:

The respondent did not attend the hearing.

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00043911-008

26/03/2021

Findings and Conclusions:

A complaint was received by the Director General of the Workplace Relations Commission from the complainant alleging breaches of the above statute and was referred to me for investigation.

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

I am satisfied that the complainant was in receipt of the hearing notification which set out the date, time, and place at which the hearing to investigate the complaint would be held.

No communications have been received from the complainant in the interim indicating any difficulty attending at the hearing, seeking a postponement, or withdrawing this claim.

The complainant has offered no explanation for his absence. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well founded and I decide accordingly.

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.

I conclude that the within complaint is not well founded and I decide accordingly.

Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012

CA-00043911-009