ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00040606
Parties:
| Complainant | Respondent |
Parties | Varinder Singh | Synergy Security Solutions Security Services |
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-00051820-001 | 24/07/2022 |
Date of Adjudication Hearing: 15/05/2023
Workplace Relations Commission Adjudication Officer: Michael MacNamee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
Background:
The Complainant submitted a claim pursuant to Section 27 of the Organisation of Working Time Act 1997 which was received by the W.R.C on the 24th of July 2022. Following an unsuccessful mediation, the matter was referred for adjudication pursuant to Section 39 (5) of the Workplace Relations Act 2015 and a hearing date for the 15th of May 2023 was assigned, full details of which were notified to both parties.
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Summary of Complainant’s Case:
There was no appearance by the Complainant. After reviewing the file, I am satisfied that he was on full notice of the hearing. I waited a reasonable time but there was no appearance by the Complainant at the hearing. |
Summary of Respondent’s Case:
Mr. Frank Walsh, The Respondent’s Employee Relations Manager appeared on behalf of Respondent. The Respondent denied the claim in full and delivered written submissions. The Respondent’s representative was present at the hearing. |
Findings and Conclusions:
On the basis that there was no appearance on behalf of the Complainant, the Respondent had no case to answer. Therefore, the complaint is 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.
The Complaint pursuant to Section 27 of the Organisation of Working Time Act is not well-founded. |
Dated: 19th June 2023
Workplace Relations Commission Adjudication Officer: Michael MacNamee
Key Words:
Organisation of Working Time Act 1997 – Section 27 - No Appearance by Complainant |