ADJUDICATION OFFICER DECISION & RECOMMENDATION
Adjudication Reference: ADJ-00015062
Parties:
| Complainant | Respondent |
Anonymised Parties | A Teacher | The Department of Education and Skills |
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-00019525-001 | 31/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00019606-001 | 06/06/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00021233-001 | 06/06/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00021233-002 | 06/06/2018 |
Date of Adjudication Hearing: 23/10/2018
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 13 of the Industrial Relations Acts 1969following 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:
The issues in contention concern alleged non-payments to the Teacher in question by the Department of Education and Skills. |
1: Summary of Complainant’s Case:
Did not attend the Oral Hearing and no evidence was presented. |
2: Summary of Respondent’s Case:
As the Complainant did not present any evidence and did not attend the Hearing the Respondent was not required to give any rebuttal evidence. |
3: Findings and Conclusions:
I am satisfied that the Complainant in this case was properly informed in writing of the date, time and place at which the hearing to investigate the complaint would be held. The Complainant did not attend and no evidence was presented. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaints (CA-00019525-001 , CA-00019606-001, CA-00021233-001) under the Payment of Wages Act,1991 are not well-founded and I decide accordingly. Likewise, and for the same reasons I do not Recommend, under the Industrial Relations Act,1969 Complaint - CA-00021233-002, in favour of the Complainant.
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4: Decision:
Section 41 of the Workplace Relations Act 2015; Section 6 of the Payment of Wages Act, 1991 and Section 13 of the Industrial Relations Acts 1969requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.
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Act | Complaint/Dispute Reference No. | Summary Decision/Recommendation. Please refer to Section Three above for detailed reasoning. |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00019525-001 | Claim is not well founded and is dismissed |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00019606-001 | Claim is not well founded and is dismissed |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00021233-001 | Claim is not well founded and is dismissed |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00021233-002 | Claim is not well founded and is dismissed |
Dated: 12/12/18
Workplace Relations Commission Adjudication Officer: Michael McEntee
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