ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00035942

Parties:

	Complainant	Respondent
Parties	Salem Elfeky	Richard Branagan

Representatives

International Transport Workers Federation

Conway Solicitors

Complaints:

Act	Complaint Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000	CA-00047128-010	16/12/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00047128-001	11/11/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00047128-002	11/11/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00047128-003	11/11/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00047128-004	11/11/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00047128-009	11/11/2021

Date of Adjudication Hearing: 23/03/2023

Workplace Relations Commission Adjudication Officer: Pat Brady

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.

Summary of Complainant’s Case:

The complainant did not attend the hearing.

His representative, who was in attendance for related hearings advised that the complainant had indicated to him that he did not intend to attend.

Summary of Respondent’s Case:

The respondent was in attendance.

Findings and Conclusions:

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

For the reason outlined above, I am satisfied that the complainant, being fully aware of arrangements for the hearing opted not to attend.

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 complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

For the reason set out above I find complaints CA-00047128-001, 002, 003, 004. 009 and 010 are not well founded.

Dated: 14/12/23

Workplace Relations Commission Adjudication Officer: Pat Brady

Key Words:

‘No Show’ by complainant.