ADJUDICATION OFFICER DECISION.

Adjudication Reference: ADJ-00037989

Parties:

	Complainant	Respondent
Parties	Marek Grala	Capital Oil Supplies Ltd Capital Oil Local Fuels

Representatives

Did not attend.

Con Carmody, Capital Oil Local Fuels

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-00049396-001	29/03/2022

Date of Adjudication Hearing: 28/10/2022

Workplace Relations Commission Adjudication Officer: Jim Dolan

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:

This complaint was received by the Workplace Relations Commission on 29/03/2022.

Summary of Complainant’s Case:

The Complainant did not attend the hearing of the complaint.

I am satisfied that the said complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held

Summary of Respondent’s Case:

The Respondent attended the hearing and was ready and willing to present a defence.

Findings and Conclusions:

A complaint was received by the Director General of the Workplace Relations Commission on 29th March 20222 alleging that his former employer Capital Oil Supplies Ltd contravened the provisions of the Organisation of Working Time Act, 1997 in relation to him. There was no appearance by or on behalf of the complainant at the hearing. I am satisfied that the said complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held.

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

Dated: 08-11-2022

Workplace Relations Commission Adjudication Officer: Jim Dolan

Key Words:

OWT Act 1997. Complainant – no show.