ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012062
| Complainant | Respondent |
Anonymised Parties | A business development executive | A promotional company for Irish products |
Representatives |
| Peninsula Group Limited |
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-00016018-001 | 27/11/2017 |
Date of Adjudication Hearing: 03/04/2018
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, this complaint was assigned to me by the Director General. A hearing was arranged for April 3rd 2018; however, the complainant did not attend at the WRC at the scheduled time of 11.00am. When she was contacted by a member of the Post Registration Unit staff, she said that the she thought that the hearing was scheduled for the following day, April 4th. It was established that the complainant was correctly on notice that the hearing was scheduled for April 3rd.
The respondent was represented at the hearing by Peninsula Group, and the Accounts Administration Manager also attended.
At the hearing, the respondent agreed, that, if the complainant wished, her complaint could be adjudicated on using the parties’ written submissions. The respondent's representative had a submission prepared for the hearing, but she reserved the right to submit a further submission in response to the full details of the complainant’s claims.
By e mail on April 13th, and again on April 20th, the complainant was asked to indicate if she wished to have her complaint adjudicated on by written submissions. She did not reply to this invitation.
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.
As she did not attend the hearing scheduled for April 3rd 2018, the complainant has failed to establish the validity of her complaint. I therefore conclude the investigation and find against the complainant. |
Dated: 24.05.2018
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Non-attendance of the complainant. |