ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00060663
Parties:
| Complainant | Respondent |
Parties | Anna Kipinska | A&T Luxflavourbisto Ltd. T/A The Courthouse Bistro [Amended] |
Representatives | Self-represented | No service |
Complaint:
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-00073471-001 | 16/07/2025 |
Date of Adjudication Hearing: 20/08/2026
Workplace Relations Commission Adjudication Officer: Lefre de Burgh
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. A Polish language interpreter was provided by the WRC and was in attendance at the hearing.
Background:
The Complainant was employed by the Respondent as a waitress between December 2024 and May 2025.
The Complainant alleges that the Respondent breached its duties to her, with respect to its obligations under the Organisation of Working Time Act 1997, in relation to outstanding accrued annual leave, at the end of an employment.
The Hearing Date letter was sent to the Respondent by ordinary post, and was returned as ‘Undeliverable’ by ‘An Post’. |
Summary of Complainant’s Case:
The Complainant did not attend the adjudication hearing and was not represented. |
Summary of Respondent’s Case:
The Hearing Date letter was sent to the Respondent by ordinary post, and was returned as ‘Undeliverable’ by ‘An Post’. The Respondent did not attend the adjudication hearing and was not represented. |
Findings and Conclusions:
The complaint was received by the Director General of the Workplace Relations commission on 16th July 2025 whereby the Complainant alleged that her former employer contravened the provisions of Organisation of Working Time Act 1997, with respect to her.
The complaint was assigned the complaint application number CA-00073471-001.
The said complaint was referred to me for investigation.
A hearing for that purpose was arranged for 20th August 2026. There was no appearance by or on behalf of the Complainant at the hearing. A Polish language interpreter was provided by the WRC for the Complainant - he attended at the hearing.
Having reviewed the file, I am satisfied that the Complainant was properly on notice of the hearing.
By contrast, the Hearing Date letter was sent to the Respondent by ordinary post, and was returned as ‘Undeliverable’ by ‘An Post’. The Respondent did not attend the adjudication hearing and was not represented.
The Adjudication Officer allowed a fifteen (15) minute grace period before formally convening the hearing, recording the absence of the Complainant and formally concluding the hearing. |
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.
I find for the Respondent.
In all of the circumstances of the matter, I must conclude that the within complaint (CA-00073471-001) is not well-founded and I decide accordingly. |
Dated: 28-08-26
Workplace Relations Commission Adjudication Officer: Lefre de Burgh
Key Words:
No appearance |