ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00051294

Parties:

	Complainant	Respondent
Parties	Sean O Neill	Nuvion Limited Fastway Couriers

Complaint:

Act	Complaint Reference No.	Date of Receipt
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-00062844-002	16/04/2024

Date of Adjudication Hearing: 10/07/2024

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 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.

Summary of Complainant’s Case:

The complainant did not attend the hearing.

Summary of Respondent’s Case:

The respondent attended the hearing.

Findings and Conclusions:

A complaint was received by the Director General of the Workplace Relations Commission by the complainant alleging breaches of the above statute and was referred to me for investigation.

There was no appearance by or on behalf of the complainant at the hearing. He had been sent notice of the hearing on May 14th 2024 and had made a written submission some days earlier, so he had engaged with the WRC.

I am satisfied that the complainant consented to receiving correspondence by email and was sent notice in writing to the address provided on the complaint form of the date, time and place at which the hearing to investigate the complaint would be held.

In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I decide accordingly.

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.

For the reasons set out above complaint CA-00062844-002 is not well founded.

Dated: 12th July 2024

Workplace Relations Commission Adjudication Officer: Pat Brady

Key Words:

‘No Show’ by complainant.