ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000863

Complaint for Resolution:

Act	Complaint Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000	CA-00001216-001	2^nd December 2015

Date of Adjudication Hearing: 18th November 2016

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Procedure:

On the 2^nd December 2015, the complainant referred a complaint to the Workplace Relations Commission pursuant to the National Minimum Wage Act. The complaint was scheduled for adjudication on the 18^th November 2016.

At the time the adjudication was scheduled to commence, it became apparent that there was no appearance by or on behalf of the complainant. The respondent was in attendance as was its representative. I verified that the complainant and a named representative party were on notice of the hearing. I waited 30 minutes to accommodate a late arrival. I was satisfied as to service and having waited for this time, I proceeded with the hearing in the absence of the complainant.

In accordance with Section 41(4) 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.

Complainant’s Submission and Presentation:

There was no appearance by or on behalf of the complainant to advance the complaint.

Respondent’s Submission and Presentation:

Given that the complainant did not attend the adjudication to move his case, it does not fall on the respondent to put forward any defence.

Findings and reasoning:

Given the unexplained failure of the complainant to attend the adjudication, it does not fall on me to make findings in relation to this matter.

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.

Given that the complainant did not attend the adjudication to advance the complaint, the complaint fails for want of prosecution.

Dated: 28/11/2016