ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00003700
Parties:
| Complainant | Respondent |
Parties | A kitchen porter | A restaurant |
Complaint for Resolution:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00005427-001 | 23rd June 2016 |
Date of Adjudication Hearing: 15th December 2016
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Location of Hearing: Dublin
Procedure:
On the 23rd June 2016, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Payment of Wages Act. The complaint was scheduled for adjudication on the 15th December 2016.
At the time the adjudication was scheduled to commence, it became apparent that there was no appearance by or on behalf of the complainant. There was also no appearance by or on behalf of the respondent. I verified that the parties were notified of the time, date and venue of the adjudication. Having been satisfied of this, and waiting some time for a late arrival, I proceeded with the adjudication in the absence of the parties.
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General of the Workplace Relations Commission, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Summary of Complainant’s Case:
The complainant did not attend the hearing and did not offer any reasonable explanation for his failure to do so.
Summary of Respondent’s Case:
The respondent did not attend the adjudication and nor did it make submissions to it.
Findings and Conclusions:
As the complainant did not attend the hearing and did not offer any reasonable explanation for his failure to do so, the complaint falls for want of prosecution.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint.
CA-00005427-001
As the complainant did not attend the hearing, the complaint pursuant to the Payment of Wages Act falls for want of prosecution.
Dated: 23/10/17
Workplace Relations Commission Adjudication Officer: Kevin Baneham