ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00057156
Parties:
| Complainant | Respondent |
Parties | Tomasz Kowalski | Bidvest Noonan |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives |
| Pooja Sawant |
Complaints:
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-00069458-001 | 21/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069460-001 | 21/02/2025 |
Date of Adjudication Hearing: 12/09/2025
Workplace Relations Commission Adjudication Officer: Louise Boyle
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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. Parties were advised in advance of the hearing that following the delivery of a judgement of the Supreme Court in Zalewski v Adjudication Officer and WRC, Ireland and the Attorney General [2021] IESC 24 that the hearing would be held in public, that an Adjudication Officer may take evidence under oath or affirmation and reminded that cross examination was permitted. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020, which designated the Workplace Relations Commission as a body empowered to hold remote hearings. Where submissions were received, they were exchanged. The complainant did not attend the hearing and Pooja Sawant Employee Relations Advisor was in attendance for the respondent.
Background:
The complainant did not attend the hearing and submitted that there was holiday pay owed.
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Summary of Complainant’s Case: CA-00069458-001
The complainant did not attend the hearing and submitted on the complaint form that he did not receive his annual leave when his employment ended. |
Summary of Respondent’s Case: CA-00069458-001
The respondent attended the hearing and submitted that any monies owing had been paid. |
Findings and Conclusions: CA-00069458-001
A complaint was received by the Director General of the Workplace Relations Commission from the complainant on 21/02/2025 alleging contravention of the Acts. The said complaint was referred to me for investigation. A hearing for that purpose was held 12/09/2025 and there was no appearance by the complainant. 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 and did not attend.
In the circumstances, I find that the complaint is not well founded and I dismiss the complaint. |
Summary of Complainant’s Case: CA-00069460-001
The complainant did not attend the hearing and submitted on their complaint form that he did not receive his annual leave when his employment ended. |
Summary of Respondent’s Case: CA-00069460-001
The respondent attended the hearing and submitted that any monies owing had been paid. |
Findings and Conclusions: CA-00069460-001
A complaint was received by the Director General of the Workplace Relations Commission from the complainant on 21/02/2025 alleging contravention of the Acts. The said complaint was referred to me for investigation. A hearing for that purpose was held 12/09/2025 and there was no appearance by the complainant. 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 and did not attend.
In the circumstances, I find that the complaint is not well founded and I dismiss the complaint. |
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.
CA-00069458-001 I find that the complaint is not well founded and I dismiss the complaint CA-00069460-001 I find that the complaint is not well founded and I dismiss the complaint |
Dated: 22nd September 2025
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Annual leave, complainant did not attend, |