ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00039170

Parties:

	Complainant	Respondent
Parties	Robert Kelly ( No Appearance)	Michael O'Shea Haulage ( No Appearance)

	Complainant	Respondent
Anonymised Parties	{text}	{text}

Representatives

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012	CA-00050715-001	18/05/2022
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00050715-002	18/05/2022

Date of Adjudication Hearing: 20/01/2023

Workplace Relations Commission Adjudication Officer: Niamh O'Carroll

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:

There was no appearance by either party for the hearing.

Summary of Complainant’s Case:

There was no appearance for or on behalf of the Complainant.

Summary of Respondent’s Case:

There was no appearance for or on behalf of the Respondent.

Findings and Conclusions:

Neither party appeared for the hearing today. Having carefully considered the case file I am satisfied that the parties were aware of the date, time and place of the hearing and that remote hearing links were forwarded. Furthermore, the Complainant spoke to the case officer yesterday and indicated that he wished to withdraw the complaint. He was advised he would either have to write into the WRC formally withdrawing the claim or appear at the hearing today and withdraw them before the Adjudicator. He did neither.

On that basis I find that the complaint is not well founded and accordingly fails.

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.

The complaints CA 50715 -001 and 002 fail

Dated: 26th of September 2025

Workplace Relations Commission Adjudication Officer: Niamh O'Carroll

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