ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046281
Parties:
| Complainant | Respondent |
Parties | Patricia Boyle | Bidvest Noonan |
Representatives | None | Ruth Heenan |
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-00052285-001 | 17/08/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00052285-002 | 17/08/2022 |
Date of Adjudication Hearing: 10/10/2023
Workplace Relations Commission Adjudication Officer: Michael MacNamee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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 complaint.
I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
Background:
The Complainant made two claims under Section 27 of the Organisation of Working Time Act 1997 alleging failure to pay holiday and public holiday entitlements.
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Summary of Complainant’s Case:
There was no appearance by or on behalf of the Complainant. |
Summary of Respondent’s Case:
The Respondent’s representative appeared along with three witnesses for the Respondent, having delivered a submission. The Respondent was ready to proceed. The Respondent contested the claims. |
Findings and Conclusions:
Having ascertained that the Complainant was notified of the time date and venue for the online hearing, and there being no appearance by or on behalf of the Complainant, I proceeded in the absence of the Complainant. I find that the Respondent has no case to answer and the Complaints are not well-founded. |
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.
CA-00052285-001 The Complaints is not well-founded. CA-00052285-002 The Complaint is not well-founded |
Dated: 08/12/2023
Workplace Relations Commission Adjudication Officer: Michael MacNamee
Key Words:
Organisation of Working Time Act 1997 – section 27 – No appearance |