ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00011017

	Complainant	Respondent
Anonymised Parties	An employee	An employer

Representatives

Did not attend

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-00014888-001	09/10/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00014888-002	09/10/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00014888-003	09/10/2017

Date of Adjudication Hearing: 03/01/2018

Workplace Relations Commission Adjudication Officer: Jim Dolan

Procedure:

The hearing of this matter was arranged to take place on Wednesday 3rd January 2018 at 9.00am in the offices of the Workplace Relations Commission (WRC), Lansdowne House, Lansdowne Road, Dublin 4. Neither the Complainant or the Respondent attended the scheduled hearing. Correspondence issued to both parties outlining the date, time and venue for the hearing some six weeks in advance of the hearing date.

In accordance with Section 41 of the Workplace Relations Act, 2015 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 employer on 26/11/2015 and ceased employment on 15/09/2017.

One complaint under the Payment of Wages Act, 1991 and two complaints under the Organisation of Working Time Act 1997 were received by the Workplace Relations Commission on 9th October 2017.

Correspondence on file from the Respondent to the Workplace Relations Commission would suggest that all outstanding monies due to the Complainant were paid.

The Complainant did not however withdraw his complaints to the Workplace Relations Commission.

Summary of Complainant’s Case:

Complainant did not attend the hearing.

Summary of Respondent’s Case:

Respondent did not attend the hearing.

Findings and Conclusions:

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

As the Complainant did not attend the hearing of the complaint and as no contact was made with the WRC the complaint fails for lack of prosecution.

Dated: 29.03.18

Workplace Relations Commission Adjudication Officer: Jim Dolan

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