Complainant

Respondent

Parties

Emanuele  Fancello

Link Entertainment Limited  T/ A Il Padrino Restaurant

Representatives

No Appearance by or on behalf of the Complainant

No Appearance by or on behalf of the Respondent

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-00077234-001

06/11/2025

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00077234-002

06/11/2025

On 6 November 2025, the Complainant, an Italian Kitchen porter, and lay litigant submitted two complaints under the Organisation of Working Time Act, 1997.

On that same day, the respondent was placed on notice of the complaints.

The Complainant had attached a number of pay slips and what’s app to his WRC complaint form.

The Respondent has not engaged in the complaint, filed a defence or attended the hearing scheduled for 26 June 2026, in Cork.

On 8 June 2026, in the absence of either party prehearing submission, I wrote to both parties seeking submissions and employment related documentation. I also sought particulars of the claims.

Neither party responded.

I pressed on with the hearing in the case shortly after 10 am on 26 June 2026. As neither party attended the hearing nor provided any real time reasoning for that circumstance, I recorded both parties as “no show “on the attendance record.

I am hopeful that the parties manage to resolve these complaints informally. That remains outside the hearing framework.

I would have been grateful if either party could have informed The WRC of developments in that regard. It remains the sole preserve of the complainant to withdraw his claims. He has not done so.

Those circumstances require me to complete a decision on this matter.

The Complainant submitted two complaints under the Organisation of Working Time Act, 1997

CA—00077234-001

He did not receive paid annual leave.

CA-00077234-002

He did not receive public holiday entitlement.

He has not particularised these claims and has not attended his hearing to open evidence in the case or to take the hearing through the documents he appended to his complaint form.

The Complainant has not given any reason for his absence at hearing. He has not responded to my request for relevant documentation.

The Respondent has not engaged with the claim which was shared with the business on 6 November 2025.

I have not received a defence in the case.

The Respondent did not attend the notified hearing on June 26, 2026. or give any reason for nonappearance.

CA—00077234-001

 No defence to claim received.

CA—00077234-002

No defence to claim received.

I have been requested to make a decision in both of these complaints. I have inquired into the complaints but have been met by an absence at hearing by both parties. This compounded the absence of any response to my request for documents.

It would have assisted me greatly to have heard from either party. I find that to leave the case without an opening, or a defence is very disappointing.

I would request the parties reflect on the time wasted in that regard. This is time that could have been allocated to other parties awaiting hearing.

I have waited five days to allow for either party to explain their respective absence at hearing. I have not received any updates in that regard.

CA—00077234-001

The Complainant has not opened his case. He has not given evidence of the particulars of his claim for annual leave in accordance with Section 19 and 20 of the Act, from where my jurisdiction arises.

Most important, I cannot establish any attempt at local resolution of this issue prior to referral to the WRC.

I have held the hearing in this case. Neither party attended. I cannot take the matter any further without those parties.

I now exercise my discretion, seldom used, at 42(1) of the Workplace Relations Act ,2015 and dismiss the claim as frivolous and vexatious.

 Dismissal of claim by adjudication officer

42. (1) An adjudication officer may, at any time, dismiss a complaint or dispute referred to him or her under section 41 if he or she is of the opinion that it is frivolous or vexatious.

(2) (a) A person whose complaint or dispute is dismissed in accordance with this section may, not later than 42 days from its dismissal, appeal the dismissal to the Labour Court.

(b) A person shall, when bringing an appeal under this subsection, give notice to the Commission in writing of the bringing of the appeal.

(c) A notice referred to in paragraph (b) shall specify the grounds upon which the appeal is brought.

I dismiss the claim.

CA—00077234-002

The Complainant has not opened his case. He has not given evidence of the particulars of his claim for public holidays in accordance with Section 21 of the Act, from where my jurisdiction arises.

Most important, I cannot establish any attempt at local resolution of this issue prior to referral to the WRC.

I have held the hearing in this case. Neither party attended. I cannot take the matter any further without those parties.

I now exercise my discretion, at 42(1) of the Workplace Relations Act ,2015 and dismiss the claim as frivolous and vexatious.

I dismiss the claim.

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 27 of the Organisation of Working Act, 1997 requires me to reach a decision in these claims in accordance with Sections 20 and 21 of the Act.

CA—00077234-001

I dismiss the claim as frivolous and vexatious

CA—00077234-002

I dismiss the claim as frivolous and vexatious

Nonappearance by both parties at hearing. Dismissal of claims.