ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001521
Complaint for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 6 of the Payment of Wages Act, 1991 | CA-00002138-001 | 25th January 2016 |
Date of Adjudication Hearing: 4th April 2016
Workplace Relations Commission Adjudication Officer: Sean Reilly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act 1991, 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.
The Complainant had submitted a complaint that the Respondent was in breach of her rights and entitlements under Section 5 of the Act. However the Complainant was not present or represented at the Hearing and likewise the Respondent was not present or represented at the Hearing.
Complainant’s Submission:
The company has unilaterally sought to alter my contract without recourse to its obligations under that contract. The company has unlawfully withheld a portion of my pay without my agreement to this deduction. The arrangements the company is seeking to impose, in the non payment of salary increments, is unfair as it only targets a select group within the body of staff who are in the main lower paid than those not affected by the company's imposed arrangement. The company at no time engaged with me or those representing me to reach agreement facilitating a change in my contract. |
The above submission was included in the Complaint Form submitted by the Complainant. However as noted above the Complainant or her Representative were not present at the Hearing to make direct submissions or answer any questions as part of my investigations of the Complainant’s complaint.
Respondent’s Submission:
The Respondent was not present or represented at the Hearing and they sent no submissions.
Findings and Decision:
Section 41(4) 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.
Section 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under under Section 6(2) of that Act.
The Complainant was not present or represented at the Hearing; accordingly I must find, decide and declare that the complaint is not well founded and it fails for lack of prosecution.
Dated: 14 June 2016