ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00012413

Complaint:

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-00016408-001	20/12/2017

Date of Adjudication Hearing: 09/08/2018

Workplace Relations Commission Adjudication Officer: James Kelly

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, 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.

Background:

The aforesaid complaint under Section 6 of the Payment of Wages Act 1991 was received by the Workplace Relations Commission on 20 December 2017. I proceeded to hearing on 9 August 2018. The complainant failed to attend at the hearing. The complainant’s Trade Union Representative was in attendance and informed me that the complainant was away on holidays. I note that there is no application for an adjournment.

Summary of Complainant’s Case:

The complainant did not attend the adjudication to prosecute his case and therefore did not proffer any evidence in support of his complaint.

Summary of Respondent’s Case:

The respondent was present at the adjudication hearing and ready to defend the case against it.

Findings and Conclusions:

I am satisfied that the complainant was aware of the hearing date.

I am satisfied that the Workplace Relations Commission have not been asked for an adjournment of this case ahead of the hearing. I find that no adjournment was approved prior to the hearing.

I find it unreasonable that the complainant did not attend the scheduled hearing on the date set by the Workplace Relations Commission. Therefore, in accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, 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 complaints. Accordingly, I decide that the claims fail for want of prosecution.

Decision:

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

The complaint made pursuant to the Payment of Wages Act is not well founded as the complainant failed to attend the adjudication to establish the validity of his complaint. I conclude the investigation and find against the complainant.

Dated: 04/08/2018

Workplace Relations Commission Adjudication Officer: James Kelly

Key Words:

Payment of Wages Act - failed to attend - find against the complainant.