ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00008892
Parties:
| Complainant | Respondent |
Anonymised Parties | Design Engineer | A Company |
Representatives | No Appearance by or on behalf of the Complainant | No Appearance by or on behalf of the Respondent |
Complaints:
|
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 |
CA-00011692-001 | 01/06/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00011692-002 | 01/06/2017 |
Date of Adjudication Hearing: 28/09/2017
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 7 of the Terms of Employment (Information) Act, 1994 and Section 6 of the Payment of Wages Act, 1991, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
This case concerned a claim lodged with the WRC on 1 June 2017 and claimed that the complainant had not received a statement of his terms of employment and had been paid less than the amount due to him. On August 23, 2017, the Parties were notified of an impending hearing scheduled for 28 September at 10.30 am. There were no requests received for postponement. |
Summary of Complainant’s Case:
There was no appearance by or on behalf of the complainant at hearing. CA -00011692-001 Terms of Employment The Complaint form outlined that the Complainant had commenced work on 14 November, 2016 at the Respondent business. He submitted that he worked a 45 hour week and state that his gross pay was 16 euro. The Complainant stated that he had not received a statement in writing of his terms of employment and submitted that he was advised that the respondent was in breach of the legislation. CA-00011692-002 Payment of Wages The Complainant submitted that he had difficulty in securing payment of his salary and overtime payments on time. |
Summary of Respondent’s Case:
The Respondent did not respond to the claim lodged. There was no appearance by the Respondent at the hearing. |
Findings and Conclusions:
CA -00011692-001: Terms of Employment
I am satisfied that both parties were on notice of the hearing in this case. In addition, I allowed an extended period of time at the commencement of the hearing to permit attendance by either party. I did not receive any explanation for either party’s non appearance.
I find that the claim falls for want of prosecution.
CA -00011692-002: Payment of Wages. I am satisfied that both parties were on notice of the hearing in this case. In addition, I allowed an extended period of time at the commencement of the hearing to permit attendance by either party. I did not receive any explanation for either party’s non appearance.
I find that the claim falls for want of prosecution.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA -00011692-001 Terms of Employment
The Claim has fallen for want of prosecution.
CA -00011692-002 Payment of Wages
The Claim has fallen for want of prosecution.
Dated: 27.11.2017
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Key Words:
Terms of Employment, Payment of Wages. |