ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002539

Complaints for Resolution:

Date of Adjudication Hearing: 21/07/2016

Venue: Lansdowne House, Ballsbridge, Dublin 4

Workplace Relations Commission Adjudication Officer: Aideen Collard

Procedure:

Pursuant to Section 41 of the Workplace Relations Act 2015, the Director General of the Workplace Relations Commission (hereinafter ‘WRC’) referred the aforesaid complaints received on 11^th March 2016, to me for adjudication. I proceeded to hearing on 21^st July 2016 and gave the Parties an opportunity to be heard and to present any relevant evidence.  There was no attendance on behalf of either Party, and no application for an adjournment had been made to the WRC. I satisfied myself that letters dated 23^rd June 2016 had issued to both Parties at the addresses provided, confirming the venue, date and time of the hearing. I confirmed that neither Party had contacted the WRC to indicate any difficulty attending or had sought an adjournment. I also made enquiries as to the Parties’ whereabouts with reception and remained in the hearing room for the scheduled duration.

Complainant’s Submission and Presentation:

The Complainant submitted complaints against the Respondent to the WRC in relation to the non-payment of wages under Section 6 of the Payment of Wages Act 1991, and the non-receipt of annual leave entitlements under Section 27 of the Organisation of Working Time Act 1997. There was no attendance on his behalf at the hearing of these complaints in Room 411, Lansdowne House, Ballsbridge, Dublin 4 on 21^st July 2016 at 10.30am. Other than submission of the complaint form, he has not submitted further documentation or otherwise engaged with the WRC. The Complainant therefore did not proffer any evidence in support of his complaints or otherwise pursue same.

Respondent’s Submission and Presentation:

Neither was there any appearance on behalf of the named Respondent at the hearing of this complaint in Room 411, Lansdowne House, Ballsbridge, Dublin 4 on 21^st July 2016 at 10.30am.

Decision:

I am satisfied that a letter dated 23^rd June 2016 issued to the Complainant at his address provided, confirming the venue, date and time of the hearing, and further, that he did not contact the WRC to indicate any difficulty attending or seek an adjournment. A considerable period of time has elapsed after the hearing before issuing this decision, allowing for the Complainant to contact the WRC with an explanation for his non-attendance but no such contact has been made. Additionally attempts were also made to contact the Complainant after the scheduled hearing to ascertain the status of these complaints at the contact number provided, in respect of which there was no response. The WRC sent letters dated 12^th January 2017 to both Parties seeking confirmation of the status of these complaints, allowing a further 28 days for a response before issuing the decision herein. No response to this correspondence was received from either Party within the 28 day period. I find the Complainant’s non-attendance at the hearing to pursue his complaints unreasonable in the circumstances. Therefore, his complaints fail for lack of evidence and are accordingly dismissed.

Aideen Collard, Adjudication Officer

Dated:   22 February 2017