ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056794
Parties:
| Complainant | Respondent |
Parties | Mark Andrew Cox | The Dapper Duck |
Representatives | No Appearance | Self-Represented |
Complaint:
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-00069119-001 | 07/02/2025 |
Date of Adjudication Hearing: 20/05/2025
Workplace Relations Commission Adjudication Officer: Brian Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
Background:
The Complainant commenced employment on 4th October 2024. The contract of employment terminated on 19th January 2024. The Complainant referred the present complaint to the Commission on 7th February 2025.
A hearing in relation to this matter was convened for 20th May 2025. While the Respondent attended and indicated that they were willing to contest the complaint raised, there was no attendance by or on behalf of the Complainant. Following a review of the file, and the expiration of a period of time to allow for lateness, the matter proceeded in the absence of the Complainant. |
Summary of the Complainant’s Case:
There was no appearance by or on behalf of the Complainant at the hearing as scheduled. Having reviewed the file, it is apparent that the Complainant was placed on notice of the time, date and venue of the hearing. In circumstances whereby no application for adjournment was received from the Complainant, and no explanation of any description was provided in respect of the Complainant’s absence, the matter proceeded as scheduled. |
Summary of the Respondent’s Case:
The Respondent stated that they were prepared to contest the complaint raised by the Complainant on its merits. Nonetheless, they submitted that the complaint must fail in the absence of any attendance of the part of the Complainant. |
Findings and Conclusions:
In circumstances whereby the Complainant did not attend the hearing to prosecute his complaint, I find that the same is not well-founded. |
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 that the complaint is not well-founded. |
Dated: 10th July 2025.
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance |