ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00032001

Parties:

	Complainant	Respondent
Parties	Ross McCarthy	Ecofuel

Representatives

No Appearance

Ruairi Guckian GHR Consulting

Complaints:

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-00042587-001	18/02/2021
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00042587-002	18/02/2021

Date of Adjudication Hearing: 21/07/21, 22/10/2022 and 20/07/2023

Workplace Relations Commission Adjudication Officer: Una Glazier-Farmer

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.

Background:

The Complaint Form was issued on 18 February 2021.

The Respondent filed its submission on 15 July 2021.

Submissions were received from the Complainant on 16 July 2021.

This hearing was original scheduled remotely for 21 July 2021 and 22 October 2022.

At today’s hearing, the Managing Director of the Respondent appeared at the in person hearing with his representative.

Summary of Complainant’s Case:

After waiting for a reasonable period of time, there was no appearance by the Complainant.

Having reviewed the file I am satisfied that he was on notice of hearing.

Summary of Respondent’s Case:

The Managing Director of the Respondent appeared at the in person hearing with his representative.

Findings and Conclusions:

In the absence of evidence from the Complainant I find 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 complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

CA-00042587-001 – I find the complaint is not well founded.

CA-00042587-002 – I find the complaint is note well founded.

Dated: 28-07-2023

Workplace Relations Commission Adjudication Officer: Una Glazier-Farmer

Key Words:

Pay – No appearance by Complainant.