ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044673
Parties:
| Complainant | Respondent |
Parties | Mr Ayomide Otitoola | BGSS Security Regus-Santry The Crescent Building |
Representatives | The Complainant did not attend and was not represented at the hearing. | The Respondent did not attend and was not represented at the hearing. |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00055495-001 | 10/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00055495-002 | 10/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00055495-003 | 10/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00055495-004 | 10/03/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00055495-005 | 10/03/2023 |
Date of Adjudication Hearing: 06/07/2023
Workplace Relations Commission Adjudication Officer: Eileen Campbell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and section 6 of the Payment of Wages Act, 1991 and section 27 of the Organisation of Working Act, 1997 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. The hearing was scheduled as an in person hearing to take place in Lansdowne House.
While the parties are named in the Decision, I will refer to Mr Ayomide Otitoola as “the Complainant” and to BGSS Security as “the Respondent”.
Having waited a reasonable period of time, there was no appearance by or on behalf of the Complainant or the Respondent at the hearing on 06/07/2023. I am satisfied that the Complainant and the Respondent were duly notified of the details of the hearing. Neither party attended. A postponement had not been sought.
Background:
These matters came before the Workplace Relations Commission dated 10/03/2023. The Complainant alleges contravention by the Respondent of provisions of the above listed statutes in relation to his employment with the Respondent. The aforesaid complaint was referred to me for investigation. A hearing for that purpose was scheduled to take place on 06/07/2023.
Having waited a reasonable period of the time on the day, there was no appearance by or on behalf of the Complainant. I am satisfied the Complainant was duly notified of the details of the hearing. The Complainant did not attend. A postponement had not been sought. Attempts were made on the day to contact the Complainant on the mobile phone number provided by him on the WRC complaint form to no avail. |
Summary of Complainant’s Case:
There was no appearance by or on behalf of the Complainant at the adjudication hearing. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent at the adjudication hearing. |
Findings and Conclusions:
There was no appearance by either party at the hearing. I am satisfied the parties were notified in writing of the date, time and place at which the hearing to investigate the complaints would be held. There was no application for a postponement submitted in the weeks or days preceding the hearing. I have waited a more than reasonable period of time before drafting this decision just in case either party contacted the WRC. I am satisfied that neither party made contact either immediately before the hearing, during the hearing or in the intervening period since the hearing. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaints are 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(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 6 of the Payment of Wages Act, 1991 require that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
Section 27 of the Organisation of Working Time, 1997 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under that Act.
CA-000554495-001 complaint pursuant to section 6 of the Payment of Wages Act, 1991 CA-000554495-002/3/4/5 complaints pursuant to section 27 of the Organisation of Working Time Act, 1997 For the reasons set out above, I decide the complaints listed above are not well-founded. |
Dated: 08th August 2023
Workplace Relations Commission Adjudication Officer: Eileen Campbell
Key Words:
No show both parties; |