ADJ-00004375

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00004375

Parties:

Complaints:

Date of Adjudication Hearing: 28/04/2017

Workplace Relations Commission Adjudication Officer: Aideen Collard

Location of Hearing: Lansdowne House, Ballsbridge, Dublin 4

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 August 2016, to me for adjudication. These matters were initially scheduled for hearing on 27^th January 2017. On that date the Complainant appeared and there was no appearance on behalf of the Respondent. Having become aware that a Liquidator had been appointed on behalf of the Respondent and that the notification of hearing date had been sent to a private address, I adjourned the matter to enable the Liquidator to be copied with the papers and notified of a new hearing date, being 28^th April 2017. I also requested the Complainant to produce further details and/or documentation in support of his complaints. I proceeded to hearing on 28^th April 2017 and gave the Parties an opportunity to be heard and to present any relevant evidence.  There was no attendance on behalf of either Party. I satisfied myself that letters dated 15^th March 2017 had issued to both Parties at the correct addresses, confirming the venue, date and time of the hearing. I confirmed that neither Party had contacted the WRC to request a change of address, had indicated 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.

Background:

The Complainant referred claims to the WRC for the non-payment of outstanding wages under Section 6 of the Payment of Wages Act 1991 and for non-payment in respect of his holiday and public holiday entitlements under Section 27 of the Organisation of Working Time Act 1997, arising from his employment as a Chef with the Respondent Restaurant which had since ceased trading.

Summary of Complainant’s Case:

Although the Complainant appeared in respect of these complaints when they were initially listed for hearing on 27^th January 2017, there was no attendance on his behalf on the rescheduled hearing date of 28^th April 2017. Other than his claim form, no further details or documentation in support of his complaints was furnished to the WRC as requested and no evidence was proffered on his behalf.

Summary of Respondent’s Case:

There was no engagement by the Respondent with the WRC and no attendance on its behalf at either the hearing dates of 27^th January 2017 or 28^th April 2017 as detailed aforesaid.

Decision:

I am satisfied that a letter dated 15^th March 2017 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 a change of address, 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. Letters dated 2^nd May 2017 also issued to both Parties seeking confirmation of the status of these complaints, allowing 14 days for a response before issuing a decision. No response to this correspondence was received from either Party to date. I find the Complainant’s non-attendance at this hearing to pursue his complaints with the details and documentation requested unreasonable in the circumstances. Therefore, his complaints fail for lack of evidence and are accordingly dismissed.

Dated:   11/07/2017

Workplace Relations Commission Adjudication Officer: Aideen Collard