ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050463
Parties:
| Complainant | Respondent |
Parties | Leonardo Fernandez Barrera | Caspian B.M.P Limited |
Representatives | Not Present | Michael Kingsley BL instructed by Jason O Sullivan Solicitors |
Complaint(s):
Act | Complaint/Dispute 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-00061972-002 | 05/03/2024 |
Date of Adjudication Hearing: 18/09/2024
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant was employed as a HealthCare Assistant from October 2022 and ceased his employment in approximately March 2024. He submitted complaints relating to his pay, travel, rosters, hours etc. This was a duplicate complaint.
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Findings and Conclusions:
A Complaint was received by the Director General of the Workplace Relations Commission by the Complainant on March 5th 2024 alleging that his former employer contravened the provisions of the 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 in relation to him. The said complaint was referred to me for investigation. A Hearing for that purpose was held on September 18th 2024. There was no appearance by or on behalf of the Complainant at the Hearing. I am satisfied that the said Complainant was informed in writing of the date, time and place at which the Hearing to investigate the complaint would be held and were not present at the Hearing. |
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.
I find the complaint not well founded. |
Dated: 02-10-2024
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Complainant did not attend. |