ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002540
Complaints 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-00003554-001 | 29th March 2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Organisation of Working Time Act 1997. | CA-00003554-002 | 29th March 2016 |
Date of Adjudication Hearing: 21st June 2016.
Workplace Relations Commission Adjudication Officer: Seán Reilly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act 2015, Section 6 of the Payment of Wages Act 1991 and Section 27 of the Organisation of Working Time Act 1997 and following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
The Complainant had submitted complaints (a) under Section 6 of the Payment of Wages Act 1991 that the Respondent was in in breach of her rights and entitlements under Section 5 of that Act, and (b) under Section 27 of the Organisation of Working Time Act 1997 that the Respondent was in breach of her rights under Sections 19, 20 and 21 of that Act in relation to annual leave entitlements.
Summary of Complainant’s Case:
I did not receive my full wages for month of January. |
I received letter from my Employer that I was being laid off from 22/02/2016, but I did not get paid for holiday that I haven't taken. |
The Complainant was not present or represented at the Hearing.
Summary of Respondent’s Submission:
The Respondent was not present or represented at the Hearing.
Findings and Decision:
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 6 of the Payment of Wages Act 1991, requires that I make a decision in accordance with the relevant redress provisions under of the same Section of the 1991 Act.
Section 27 of the Organisation of Working Time Act 1997, requires that I make a decision in accordance with the relevant redress provisions of the same Section of the 1997 Act.
The Complainant was not present or represented at the Hearing, accordingly I must find and declare that the complaints under both Acts are not well founded and they fail for lack of prosecution.
The following are my decisions in relation to the complaints under the two Acts.
Payment Of Wages Act 1993: CA-00003554-001: . The Complainant was not present or represented at the Hearing, accordingly I must find and declare that the complaint under the Act is not well founded; it is rejected and it fails for lack of prosecution.
Organisation of Working Time Act 1997: CA-00003554-002: . The Complainant was not present or represented at the Hearing, accordingly I must find and declare that the complaints under the Act are not well founded; they are rejected and fail for lack of prosecution.
Seán Reilly, Adjudication Officer.
Dated: 5th October 2016