ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00036306

Parties:

	Complainant	Respondent
Parties	Ryan Burke	J Gaffney Electrical

Complaint:

Act	Complaint 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-00047442-001	01/12/2021

Date of Adjudication Hearing: 17/10/2022

Workplace Relations Commission Adjudication Officer: Marie Flynn

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 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.

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359 of 2020, which designates the WRC as a body empowered to hold remote hearings.

Background:

A complaint was received by the Director General of the Workplace Relations Commission from the Complainant on 1 December 2021 alleging that Respondent contravened the provisions of the Organisation of Working Time Act, 1997 in relation to him. The said complaint was referred to me for investigation. A hearing for that purpose was held on 17 October 2022.

Summary of Complainant’s Case:

The Complainant did not attend the adjudication hearing.

Summary of Respondent’s Case:

The Respondent attended the adjudication hearing.

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 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 decide that the herein complaint is not well founded.

Dated: 27th October 2022

Workplace Relations Commission Adjudication Officer: Marie Flynn

Key Words:

No appearance by the Complainant. Not well founded.