ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00061061
Parties:
| Complainant | Respondent |
Anonymised Parties | Rafael Alcalde González | Respondent |
Representatives | None in attendance | None in attendance |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 18 of the European Communities (Road Transport)(Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 - S.I. No. 36/2012 | CA-00073807-001 | 27/07/2025 |
Date of Adjudication Hearing: 11/06/2026
Workplace Relations Commission Adjudication Officer: Kara Turner
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.
There was no engagement by either party with the Commission following the complaint referral. Specifically, the complainant did not respond to the Commission’s requests for information and its communication in connection with the remote hearing arrangements.
There was no attendance by either the complainant or the respondent at a remote hearing on 11 June 2026 which was held in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020.
An interpreter had been arranged by the Commission to assist the hearing and was in attendance. After allowing some time for any delay, I closed the hearing.
Findings and Conclusions:
I am satisfied that the complainant was contacted by the Commission in relation to the case file and notified of the hearing arrangements in accordance with the contact information provided by the complainant to the Commission. The complainant did not respond to communications from the Commission and did not make contact to explain their non-attendance at hearing. The complainant detailed two different entities under the respondent/employer section of the complaint form. The Commission sought clarification from the complainant in this regard and received no response. A notification to the respondent relating to the hearing arrangements was returned to the Commission marked ‘unknown at this address’ by postal services. In the circumstances and in accordance with section 41(14)(b) of the Workplace Relations Act 2015, I determine there to be special circumstances warranting anonymisation of the respondent in the Commission’s publication of this decision. It was necessary for the complainant to engage with the Commission and to attend the hearing arranged for the adjudication of their complaint. In the absence of any evidence to the contrary, I must conclude that the complaint against the respondent is 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 complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
For the reasons set out above I decide that the complaint against the respondent is not well founded. |
Dated: 23rd June 2026
Workplace Relations Commission Adjudication Officer: Kara Turner
Key Words:
Non-attendance at hearing |