ADJUDICATION OFFICER DECISION & RECOMMENDATION

Adjudication Decision & Recommendation Reference: ADJ-00003204

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 23/08/2016

Workplace Relations Commission Adjudication Officer: Louise Boyle

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015, Section 13 of the Industrial Relations Act, 1969 and Section 6 of the Payment of Wages Act 1991 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Complainant’s Submission:

The complainant submitted on the complainant form that she had been taken on as an intern as part of her college course. However, with only 15 days to find a suitable replacement she received an email from SMART HR Solutions (who looks after HR for the respondent), stating that the respondent was unable to proceed with the internship. She claimed that she had been unpaid for some of the work that she had already completed with the respondent.

The Complainant failed to attend the Hearing.

Respondent’s Submission and Presentation:

A Submission was received from the Respondent which detailed that their failure to pay the complainant was an oversight and once discovered she was paid immediately and they apologised for this error. It was never their intention to upset her. The complainant had never commenced work under the placement agreement nor was a formal offer made to her nor had she met the requirements of working a suitable number of trial days to assess her suitability.

Issues for Decision & Recommendation:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act and the relevant redress provisions of the Payment of Wages Act, 1991.

Section 13 (3) (A) (i) Industrial Relations Act, 1946 requires that I make a recommendation in relation to the dispute.

Legislation involved and requirements of legislation:

Workplace Relations Act 2015, Payment of Wages, 1991 and Industrial Relations Acts

Decision & Recommendation:

As the Complainant failed to attend the hearing, I confirmed that a letter had issued notifying the Complainant of the date, time and location of the hearing and find their non-attendance without any acceptable explanation to be unexplained in the circumstances, and my decision is:

CA-00004505-001 – Payment of Wages Act 1991

My decision is that the claim is dismissed for want of prosecution.

CA-00004505-002 (Industrial Relations Acts)

My decision is that the claim is dismissed for want of prosecution.

Both claims are dismissed.

Dated:   5^th October 2016