ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053196
Parties:
| Complainant | Respondent |
Parties | Barsbold Lkhagvasuren | Somerset Tavern Limited T/A The DL Bar And Restaurant |
Representatives | No appearance | No appearance |
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-00065104-001 | 31/07/2024 |
Date of Adjudication Hearing: 25/11/2024
Workplace Relations Commission Adjudication Officer: Monica Brennan
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 gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint/dispute.
Background:
The complaint was received by the Director General of the Workplace Relations Commission on 31st July 2024. The complaint form stated that it was in relation to not receiving Public Holiday entitlements.
A hearing was scheduled for 11am on Monday 25th November, 2024 in Lansdowne House, Ballsbridge, Dublin 4.
At the time the hearing was to commence, it was apparent that there was no attendance by or on behalf of either the Complainant or the Respondent. I verified that both parties were on notice of the date, time and venue of the hearing and waited some time to accommodate late arrivals.
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Summary of Complainant’s Case:
The Complainant did not attend the adjudication hearing and was not represented. Notice of the hearing arrangements was sent to the Complainant on 2nd October 2024. |
Summary of Respondent’s Case:
The Respondent did not attend the adjudication hearing and was not represented. Notice of the hearing arrangements was sent to the Respondent on 2nd October 2024. |
Findings and Conclusions:
The hearing was scheduled for 11am on Monday 25th November, 2024. At the appointed time, there was no appearance by either the Complainant or the Respondent. I satisfied myself that both parties were on notice of the date, time and location of the hearing. I also made enquiries to ensure that no communication had been received from either party on the morning of the hearing. I allowed 20 minutes for the late arrival of either party. In the circumstances and in the absence of direct evidence, I must conclude that 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/dispute in accordance with the relevant redress provisions under Schedule 6 of that Act.
As set out above, in all of the circumstances, I must conclude that the within complaint is not well-founded and I decide accordingly. |
Dated: 02-12-24
Workplace Relations Commission Adjudication Officer: Monica Brennan
Key Words:
Non-appearance No attendance |