ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00043220
Parties:
| Complainant | Respondent |
Parties | George Cazan | Orchard Inns Limited t/a The Old Orchard Inn |
Representatives | No appearance | Simon Bailey, Group Accountant |
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-00053696-001 | 14/11/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00053696-002 | 14/11/2022 |
Date of Adjudication Hearing: 07/06/2023
Workplace Relations Commission Adjudication Officer: Maria Kelly
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.
At the time the hearing was scheduled to commence there was no appearance by or on behalf of the complainant. I allowed a period of twenty minutes to elapse but there was still no appearance by or on behalf of the complainant. I checked the file, and I noted that the complainant had been notified on 03 May 2023 of the date, time and location of the hearing. There was no communication received from the complainant concerning his non-attendance for the hearing.
The respondent was represented by the company Group Accountant. The HR Manager and the Head Chef also attended for the hearing.
Background:
The complainant submitted a complaint to the Workplace Relations Commission on 14 November 2022. He had been employed as a sous chef with the respondent from 26 August 2022. The complainant alleged breaches of the Organisation of Working Time Act, 1997.
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Summary of Complainant’s Case:
The complainant did not attend the hearing to present his complaints. I am satisfied the complainant was notified of the date, time and location of the hearing. |
Summary of Respondent’s Case:
The respondent’s Group Accountant, HR Manager and Head Chef attended for the hearing. The complainant did not attend the hearing to present his complaints. |
Findings and Conclusions:
CA-00053696-001 and CA-00053696-002 Complaints submitted under section 27 of the Organisation of Working Time Act, 1997. The complainant did not attend the hearing to present his complaints. I checked the file and noted that he was notified on 03 May 2023 of the date, time and location of the hearing. There was no further communication received from the complainant. As the complainant did not attend the hearing to present his complaints, 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-00053696-001 Complaint submitted under section 27 of the Organisation of Working Time Act, 1997. The complainant did not attend the hearing. I am satisfied that he was notified of the date, time and location of the hearing. In these circumstances I find the complaint was not well founded. CA-00053696-002 Complaint submitted under section 27 of the Organisation of Working Time Act, 1997. The complainant did not attend the hearing. I am satisfied that he was notified of the date, time and location of the hearing. In these circumstances I find the complaint was not well founded.
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Dated: 27th June 2023
Workplace Relations Commission Adjudication Officer: Maria Kelly
Key Words:
No attendance |