Complainant

Respondent

Parties

Ms Elena  Ciobanu

OCS One Complete Solution Limited [amended on consent at hearing]

Complainant

Respondent

Anonymised Parties

Representatives

The Complainant did not attend and was not represented at hearing.

Ms Naledi Bisiwe IBEC

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-00066396-002

01/10/2024

This matter came before the WRC dated 01/10/2024.  The Complainant alleges contravention by the Respondent of provisions of the above listed statute in relation to her employment with the Respondent.    The aforesaid complaint was referred to me for investigation. 

A hearing for that purpose was scheduled to take place initially on 07/04/2025.  The Complainant attended at hearing on 07/04/2025 and she presented as a litigant in person.  The Respondent attended and was represented.  The aforesaid hearing was adjourned in order to provide the Complainant with the opportunity to particularise her claim and in order for her to obtain legal representation as she indicated she intended to do so. 

Correspondence issued from the WRC to the Complainant on 29/05/2025 and again on 05/08/2025 reminding her to file details and particulars regarding her claims in order that the matter could be progressed and set down for hearing.  The aforesaid communications to the Complainant did not elicit a response.  Having waited a reasonable period of time to afford the Complainant the opportunity to particularise her claims,  as she had requested at the initial hearing, the case was duly rescheduled to be heard on 24/11/2025 and I am satisfied the Complainant was notified accordingly. 

Having waited a reasonable period of the time on the day, namely 24/11/1025 there was no appearance by or on behalf of the Complainant.    I am satisfied the Complainant was duly notified of the details of the hearing.  The Complainant did not attend.  A postponement had not been sought. 

The Complainant has not availed herself of the considerable resources put at her disposal by the Workplace Relations Commission. 

Furthermore, the Complainant’s non-appearance at hearing represents a level of discourtesy to the Commission that is unacceptable, and which has also put the Respondent to expense that could have been avoided and to the inconvenience of attending at hearing unnecessarily on 24/11/2025 for the second time. 

CA-00066396-002

There was no appearance by or on behalf of the Complainant at the adjudication hearing. 

CA-00066396-002

The Respondent attended the hearing together the Respondent representative.   In circumstances where the Complainant did not attend there was no requirement for evidence to be presented by the Respondent. 

CA-00066396-002

There was no appearance by the Complainant at the adjudication hearing.  I am satisfied the Complainant was notified in writing of the date, time and place at which the hearing to investigate the complaint would be held.  There was no application for a postponement submitted in the weeks or days preceding the hearing. 

As of the date of this decision there has been no further communication received from or on behalf of the Complainant.   

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

CA-00066396-002

For the reasons set out above, I decide this complaint is not well-founded.  

Complainant did not attend;