ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056955
Parties:
| Complainant | Respondent |
Parties | Csaba Ilonczai | Walton Capital Limited T/A The Ivy Restaurant |
Representatives | N/A | Company Secretary |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 7 of the Terms of Employment (Information) Act, 1994. | CA-00069251-001 | 12/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069251-002 | 12/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069251-003 | 12/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069251-004 | 12/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069251-005 | 12/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00069251-006 | 12/02/2025 |
Date of Adjudication Hearing: 02/09/2025
Workplace Relations Commission Adjudication Officer: Monica Brennan
Procedure:
In accordance with section 41 of the Workplace Relations Act, 2015 and section 8 of the Unfair Dismissals Acts, 1977 - 2015,following the referral of the complaints to me by the Director General, I gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
The matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.
Background:
The complaint form was received by the Director General of the Workplace Relations Commission on 12th February, 2025. The complaint form stated that it was in relation to not receiving a statement of core terms of employment; lack of rest periods; not receiving Public Holiday entitlements; not receiving paid holiday or annual leave; no compensation for working on a Sunday and unfair dismissal.
A hearing was scheduled for 12 o’clock on Tuesday 2nd September, 2025 to be heard remotely via Webex platform.
At the time the hearing was to commence, it was apparent that there was no attendance by or on behalf of the Complainant. I verified that the Complainant was on notice of the date, time and venue of the hearing and waited some time to accommodate any late arrival. |
Summary of Complainant’s Case:
The Complainant did not attend the adjudication hearing and was not represented. Notice of the hearing arrangements was sent to the email address provided by the Complainant on 24th July 2025. |
Summary of Respondent’s Case:
The Respondent was present for the hearing, but as the Complainant was not in attendance to put forward the complaints then there was no case for it to respond to. |
Findings and Conclusions:
The hearing was scheduled for 12 o’clock on Tuesday 2nd September, 2025. At the appointed time, there was no appearance by the Complainant. I satisfied myself that he was on notice of the date, time and location of the hearing. I also made enquiries to ensure that no communication had been received from the Complainant on the morning of the hearing and a case officer made two attempts to phone the Complainant, however, the call did not connect. I allowed 20 minutes for any late arrival. In the circumstances and in the absence of direct evidence, I must conclude that the complaints are not well-founded. |
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.
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 also requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
As set out above, in all of the circumstances, I must conclude that the within complaint is not well-founded and I decide accordingly. |
Dated: 12th September 2025
Workplace Relations Commission Adjudication Officer: Monica Brennan
Key Words:
Non appearance |