ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045413
Parties:
| Complainant | Respondent |
Parties | Dilbag Dilbag | Lana Asian Street Food |
Representatives | Not present | Mr. Con Mc Mahon BL Instructed by Leahy Reidy Solrs |
Complaint(s):
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-00056190-001 | 20/04/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00056190-002 | 20/04/2023 |
Date of Adjudication Hearing: 08/09/2025
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant was employed as a Kitchen Porter from April 5th 2021 to 20th May 2023 and he submitted two complaints concerning not getting breaks and a change to his terms of employment. His termination date was not specified in the complaint form and is taken from other complaint forms. |
Findings and Conclusions:
A Complaint was received by the Director General of the Workplace Relations Commission by Dilbag Dilbag on 20/4/2023 alleging that his former employer, Lana Asian Street Food contravened the provisions of the Organisation of working Time Act 1977 and the Terms of Employment (Information) Act 1994 in relation to him. The said complaint was referred to me for investigation. A Hearing for that purpose was held on 8/9/2025 . There was no appearance by or on behalf of the Complainant at the Hearing. I am satisfied that the said Complainant was informed in writing of the date, time and place at which the Hearing to investigate the complaint would be held. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaints are not well founded and I decide accordingly. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find that complaint CA-00056190-001 is not well founded. I find that complaint CA-00056190-002 is not well founded. |
Dated: 12th September 2025.
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Terms and conditions of employment |