ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00049286

Parties:

	Complainant	Respondent
Parties	Marlena Drozdz	Johnnie Cupcakes

Complaint:

Act	Complaint 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-00060569-001	17/12/2023

Date of Adjudication Hearing: 28/05/2024

Workplace Relations Commission Adjudication Officer: Pat Brady

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 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 and submitted its written responses to the complainant’s case.

Findings and Conclusions:

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

There was no appearance by or on behalf of the complainant at the hearing, nor any explanation for her failure to do so. (The hearing was online and login details had been sent to her email address).

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-00060569-001 is not well founded.

Dated: 4th June 2024

Workplace Relations Commission Adjudication Officer: Pat Brady

Key Words:

‘No Show’ by complainant.