ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044999
Parties:
| Complainant | Respondent |
Parties | James Kelly | Aer Lingus |
Representatives | Did not attend | Elaine Mettler Employment Counsel |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012 | CA-00055724-001 | 26/03/2023 |
Date of Adjudication Hearing: 04/08/2023
Workplace Relations Commission Adjudication Officer: Paul McKeon
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints and dispute to me by the Director General, I inquired into the complaints and dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints and dispute.
Background:
A complaint was received by the Director General of the Workplace Relations Commission from the Complainant on the 26 March 2023 alleging a breach under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012.
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Summary of Complainant’s Case:
The Complainant failed to attend the hearing of the case arranged for the 04 August 2023.
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Summary of Respondent’s Case:
The Respondent representative attended at the hearing on behalf of the Respondent. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission by the Complainant on the 26 March 2023 seeking adjudication under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012.
A hearing for that purpose was scheduled for the 04 August 2023.
There was no appearance by or on behalf of the Complainant at the hearing. I am satisfied that this notice was issued by way of letter dated 15 June 2023 to the address and email address provided by the Complainant in respect of this claim, informing him of the date, time, and place of the hearing of the claim. No communications have been received from the Complainant in the interim indicating any difficulty attending at the hearing, seeking a postponement, or withdrawing this claim. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the claim 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) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I do not find this complaint to be well founded.
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Dated: 7th September 2023
Workplace Relations Commission Adjudication Officer: Paul McKeon
Key Words:
Non-attendance by the Complainant |