ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003714

Complaint(s)/Dispute(s) 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-00004298-001	09/05/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00004298-002	09/05/2016

Date of Adjudication Hearing: 24/01/2017

Workplace Relations Commission Adjudication Officer: John Tierney

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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 complaint(s)/dispute(s).

Complainant’s Submission and Presentation:

There was an unexplained absence of the Claimant.

There was correspondence received from the Claimant acknowledging she had received a payment of 252.00 from the Respondent. However it was unclear from it if she was withdrawing her claim.

I worked for this company from the 19/04/2016 until the 23/04/2016. The manager refused to pay me for the 28 hours I worked for this period of time. I have written to the company (26/04/2016) to request payment but they have never replied. Whilst I was working there the manager suggested that I be paid €50 for working a 8 hour day. I refused this offer of payment as it is below the minimum wage limit. I therefore never received any payment from the company.

I never received a contract of employment when I started employment with this company on the 26/04/2016

Respondent’s Submission and Presentation:

The Respondent confirmed that he had paid the Claimant the amount properly payable

Decision

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.

Due to the unexplained absence of the Claimant the claim fails for lack of prosecution.

Dated: 4^th April 2017