ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055817
Parties:
| Complainant | Respondent |
Parties | Vincenzo Presa | Dolce Sicilt Restaurant/Caffè |
| Complainant | Respondent |
Representatives | No Appearance | Self-Represented |
Complaint:
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-00068037-001 | 12/12/2024 |
Date of Adjudication Hearing: 29/01/2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 27 of the Organisation of Working Time Act, 1997 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Oath / Affirmation was administered to all witnesses present. The legal peril of committing Perjury was explained to all parties.
There were no issues with Confidentiality.
Non-Appearance of Complainant
The Complainant, despite being notified of the time, date and place of the Hearing did not attend.
A reasonable period of time was allowed post the Hearing for receipt of a bona fide explanation.
None was forthcoming.
At the Hearing the Respondent applied for the case to be stuck out as the Complainant did not offer any evidence either Written or Oral testimony.
Background:
The issues in contention concerned a Restaurant and a Chef in relation to basic Holiday and Bank Holiday Pay. |
1: Summary of Complainant’s Case:
Did not attend or submit evidence. |
2: Summary of Respondent’s Case:
Applied for case to be Struck Out. |
3: Findings and Conclusions:
As no evidence was presented the case is deemed Not Well Founded. |
4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 27 of the Organisation of Working Time Act, 1997 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the cited Acts.
CA: 00068037-001
Under Section 27 of the Organisation of Working Time Act,1997 the Complaint is deemed Not Well Founded.
It fails.
Dated: 2nd of April 2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Organisation of Working Time , Holiday and Public Holiday Pay. |