ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054170
Parties:
| Complainant | Respondent |
Parties | Noemi Diana | Iannelli Catering Ltd Nino's |
Representatives | Non-attendance | Susan Iannelli |
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-00066061-001 | 17/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00066061-002 | 17/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00066061-003 | 17/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00066061-004 | 17/09/2024 |
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-00066061-005 | 17/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 7 of the Terms of Employment (Information) Act, 1994. | CA-00066061-006 | 17/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 7 of the Terms of Employment (Information) Act, 1994. | CA-00066061-007 | 17/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 7 of the Terms of Employment (Information) Act, 1994. | CA-00066061-008 | 17/09/2024 |
Date of Adjudication Hearing: 28/01/2025
Workplace Relations Commission Adjudication Officer: Conor Stokes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The complainant did not attend the hearing of this matter. Two witnesses for the respondent attended the hearing. The hearing started with a pause for fifteen minutes to enable the complaint to either attend or to make contact with the WRC. The hearing opened and closed in the absence of the complainant. |
Summary of Complainant’s Case:
The complainant did not attend the hearing of the complaint. |
Summary of Respondent’s Case:
Two witnesses for the respondent attended the hearing. |
Findings and Conclusions:
As the complainant did not attend the hearing of this matter, no evidence was presented to me either in support of this claim. Hearing notification letters issued both parties on 21 November 2024, consequently I am satisfied that the parties are on notice. The complainant has offered no explanation for their absence. Having regard to the nonattendance of the complaint, I find that the complaints are not well founded, and that no contravention of the Acts has been established. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Having regard to the nonattendance of the complainant at the hearing of these complaint, my decision is that the complaints are not well founded, and that no contravention of the Acts has been established. |
Dated: 9th May 2025
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Organisation of Working Time Act – Terms of Employment (Information) – Road Transport Regulations – Nonattendance of complainant – complainant not well founded – no contravention estlblished. |