ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001371
Complaints for Resolution:
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-00001889-001 | 12/01/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00001889-002 | 12/01/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00001889-003 | 12/01/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00001889-004 | 12/01/2016 |
Date of Adjudication Hearing: 18/04/2016
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015, Section 27 of the Organisation of the Working Time Act, 1997 and Section 77 of the Employment Equality Act, 1998, 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.
Complainant’s Submission and Presentation:
The Complainant had lodged a number of complaints with the WRC on January 12,2016, pertaining to his time working as a kitchen Porter at the respondent Hotel .
He did not get breaks .
He did not get rest periods under the Organisation of Working Time Act, 1997.
He had been required to work more than the maximum permitted number of hours per day .
That he was discriminated against on race grounds in relation to his conditions of employment .
Respondent’s Submission and Presentation:
I did not receive a submission from the respondent in advance of the hearing .
Decision:
Section 41(4) 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 .
Section 27 of the Organisation of Working Time Act 1997 requires that I make a decision in relation to the complainants in accordance with SS.11-13 of the Act.
Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of that Act .
Both the complainant and the respondent were notified of the date and location of the hearing on April 1st, 2016. I waited 45 minutes to allow for any unforeseen event and I then commenced the hearing as obliged under that Acts . Neither party was in attendance nor had any information been received by the WRC to explain their reason for absence.
In accordance with Section 27 of the Organisation of Working Time Act, 1997, I find that as the complainant did not attend the hearing, his complaints must fall for want of prosecution.
In accordance with Section 79(6) of the Employment Equality Act, 1998, I declare that the complainant did not attend the hearing, as no evidence was given at the hearing in support of the allegation of discrimination in relation to the complaints, I hereby conclude my investigation and find against the complainant on the basis of this “no show”.
Dated: 13 July 2016