ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00007401

Parties:

	Complainant	Respondent
Anonymised Parties	A waitress	A Restaurant

Representatives

Donnacha Anhold of Carter Anhold & Company Solicitors

Complaint(s):

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-00009811-001	20/02/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00009811-002	20/02/2017

Date of Adjudication Hearing: 05/09/2017

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 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 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).

Background:

This case had originally been scheduled for the 26^th June 2017 but due to the non attendance of one of the parties on that day had been rescheduled for the 5^th September 2017. On that latter date none of the parties attended. As correspondence had passed between the WRC and the parties I was satisfied that proper notice of the hearing on the 5^th September had been made.

1: Summary of Complainant’s Case:

Apart from the details on the claim form no evidence was presented for either complaint. CA-00009811-001 and CA-00009811-002

2: Summary of Respondent’s Case:

The Respondent did not attend the hearing.

3: Findings and Conclusions:

In the complete absence of any evidence being presented or the parties attending the Hearing the claim is dismissed for want of prosecution.

4: Decision:

Section 41 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 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.

Act	Complaint/Dispute Reference No.	Summary Decision /Refer to Section 3 above for detailed arguments.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00009811-001	Claim dismissed for want of prosecution.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00009811-002	Claim dismissed for want of prosecution.

Dated: 20^th November 2017

Workplace Relations Commission Adjudication Officer: Michael McEntee

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