ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056498
Parties:
| Complainant | Respondent |
Parties | Joseph O'Doherty | Murphy Contract Cleaners Limited t/a Murphy's Facility Solutions |
Representatives |
| Anna Rosa Raso, ESA Consultants |
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-00068754-001 | 21/01/2025 |
Date of Adjudication Hearing: 29/05/2025
Workplace Relations Commission Adjudication Officer: Bríd Deering
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 and to present any evidence relevant to the complaint.
On 21st January 2025 the Complainant presented a complaint to the Workplace Relations Commission (WRC). This complaint was scheduled for adjudication on 29th May 2025 at the hearing rooms of the WRC Office in Carlow. The Complainant did not attend the hearing. The Respondent was in attendance to meet the case. I verified that the Complainant had been served with notice of the time, date, and venue of the adjudication hearing. I waited some time to accommodate a late arrival. As there was no appearance by the Complainant, I closed the hearing. The Complainant did not contact the WRC in advance of or in the days following the scheduled hearing to indicate any difficulty with attending the hearing.
Summary of Complainant’s Case:
The Complainant did not attend the hearing to give evidence in relation to his complaint. |
Summary of Respondent’s Case:
The Respondent presented a written submission to the WRC in advance of the hearing. This submission was copied to the Complainant in advance of the hearing. The Finance Director of the Respondent and the Respondent’s representative were in attendance and were prepared to defend the complaint against the Respondent. |
Findings and Conclusions:
I am satisfied the Complainant was properly notified of the hearing arrangements in accordance with the contact information provided. The Complainant did not contact the WRC to indicate any difficulty on their part in attending the hearing, or to explain their non-attendance. As the Complainant did not attend the adjudication hearing to set out how the Respondent contravened the Organisation of Working Time Act, 1997 (as amended), I find the complaint is not well-founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I decide in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
As the Complainant did not attend the adjudication hearing, I decide this complaint under the Organisation of Working Time Act, 1997 (as amended) is not well-founded. |
Dated: 04-06-2025
Workplace Relations Commission Adjudication Officer: Bríd Deering
Key Words:
Complainant did not attend the hearing. |