ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00041023
Parties:
| Complainant | Respondent |
Parties | Christopher Quinn | Frank Dorrian Limited trading as Dorrians Imperial Hotel |
| Complainant | Respondent |
Anonymised Parties |
|
|
Representatives | No Appearance | Self-Represented |
Complaint:
Act | Complaint 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-00052284-001 | 17/08/2022 |
Date of Adjudication Hearing: 02/05/2023
Workplace Relations Commission Adjudication Officer: Brian Dolan
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 was employed as a chef by the Respondent. On 17th August 2022, the Complainant referred the present complaint to the Commission. A hearing in relation to the same was convened for 2nd May 2023. There was no appearance by the Complainant at the hearing as scheduled. After waiting a period of time to allow for his potential late attendance the matter proceeded in his absence. |
Summary of Complainant’s Case:
The Complainant did not attend that hearing as scheduled. Having reviewed the file, it is apparent that the Complainant was notified of the time, date and venue of the hearing. In circumstances whereby the Complainant did not apply for an adjournment of the hearing in advance of the same, the matter proceeded in his absence. |
Summary of Respondent’s Case:
The Respondent attended and submitted that they were prepared to defend the Complainant’s allegations. |
Findings and Conclusions:
In circumstances whereby the Complainant did not attend the hearing to prosecute his complaint, I find that the same is not well-founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find that the complaint is not well-founded. |
Dated: 06th June 2023
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance |