ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037247
Parties:
| Complainant | Respondent |
Parties | Ivan Ivascenko | Tower Grill |
Representatives | No Appearance | Andrea Montanelli |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00048327-001 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00048327-002 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00048327-003 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00048327-004 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00048327-005 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00048327-006 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission SI No. 494 of 2004 and Clauses 6 of the EC (Working Conditions of Mobile Workers engaged in Interoperable Cross-Border Services in the Railway Sector) Regulations, 2009-SI No. 377 of 200 | CA-00048327-007 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00048327-008 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00048327-009 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00048327-010 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00048327-011 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00048327-012 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00048327-013 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00048327-014 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00048327-015 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 18A of the Organisation of Working Time Act, 1997 | CA-00048327-016 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00048327-017 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00048327-018 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00048327-021 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00048327-022 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00048327-023 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00048327-024 | 24/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00048327-025 | 24/01/2022 |
Date of Adjudication Hearing: 14/12/2022
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015; Section 6 of the Payment of Wages Act, 1991 ; Section 27 & 18 of the Organisation of Working Time Act, 1997; Section 45A of the Industrial Relations Act, 1946; Section 7 of the Terms of Employment (Information) Act, 1994; Section 8 of the Unfair Dismissals Act, 1977 ; Section 12 of the Minimum Notice & Terms of Employment Act, 1973; Section 77 of the Employment Equality Act, 1998; SI No. 494 of 2004; Clauses 6 of the EC (Working Conditions of Mobile Workers engaged in Interoperable Cross-Border Services in the Railway Sector) Regulations, 2009-SI No. 377 of 2000 and Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury were explained to all parties.
While there were no issues raised regarding confidentiality in the publication of the decision
Non-Appearance by Complainant
The Complainant did not attend the Hearing and as no evidence was presented the respondent was not obliged to make any rebuttal arguments.
The Adjudication officer was satisfied that proper notice had been served on the Complainant as to the date, time and place of the Hearing.
No post Hearing explanations were received from the Complainant.
Background:
The issues in dispute concerned a Catering worker and a Restaurant/Grill. |
1: Findings and Conclusions:
As no evidence was presented by the Complainant the case could not proceed. The case was closed , save for a satisfactory explanation for Non-Attendance being received by the Adjudication Officer. This was not received. |
2: Decision:
CA-00048327-001 to CA-00048327-018 and CA-00048327 - 021 to CA-00048327
Section 41 of the Workplace Relations Act 2015 ; Section 6 of the Payment of Wages Act, 1991 ; Section 27 & 18 of the Organisation of Working Time Act, 1997; Section 45A of the Industrial Relations Act, 1946; Section 7 of the Terms of Employment (Information) Act, 1994; Section 8 of the Unfair Dismissals Act, 1977 ; Section 12 of the Minimum Notice & Terms of Employment Act, 1973; Section 77 of the Employment Equality Act, 1998; SI No. 494 of 2004; Clauses 6 of the EC (Working Conditions of Mobile Workers engaged in Interoperable Cross-Border Services in the Railway Sector) Regulations, 2009-SI No. 377 of 2000 and Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 require that I make a decision in relation to the complaints in accordance with the relevant redress provisions of the cited Acts and Statutory Instruments.
The Complaints are dismissed as the Complainant offered no evidence and did not attend at the Hearing. The file is now closed.
Dated: 15/11/2023
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Catering Worker, Restaurant |