ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00017179
| Complainant | Respondent |
Anonymised Parties | A chef | A restaurant |
Representatives | Self |
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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-00022257-001 | 29/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00022257-002 | 29/09/2018 |
Date of Adjudication Hearing: 07/12/2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, and/or Section 13 of the Industrial Relations Acts 1969 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:
The Complainant commenced employment with the Respondent on 31/07/2018. The Complainant lodged his complaints with the Workplace Relations Commission (WRC) on 29/09/2018. The complaint is in two parts:
Preliminary Point. Two gentlemen attended the hearing to inform the Adjudication Officer that whilst they did conduct some business at the address provided by the Complainant there was no registered company of that name (as provided by the Complainant) operating from this address. Both gentlemen then left the hearing.
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Summary of Complainant’s Case:
The Complainant then outlined his case for the Adjudication Officer and this summary was very similar to what is stated in the complaint form. |
Summary of Respondent’s Case:
There was no Respondent present at the hearing. Notifications regarding the hearing were sent to the complainant as named in the complaint form. On the basis of what was stated by the gentleman who appeared at the hearing it is believed that the name of the Respondent is not correct. |
Findings and Conclusions:
The company employing the Complainant were not present at the hearing and there is no named registered company as provided by the Complainant. It is not possible to proceed with a complaint against a company that does not exist. I have no alternative other than deciding that the complaints as presented on the complaint form are not well found and therefore must fail. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
The Complaints against the company named on the complaint form fail, they are therefore dismissed. |
Dated: 17th December 2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
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