ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00020520

Parties:

Complaint(s):

Date of Adjudication Hearing: 02/07/2019

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 6 of the Payment of Wages Act 1991] 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).

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.

[Section 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Part].

The claimant’s representative clarified that the claimant was currently in Canada and it had been hoped that he would attend the hearing.A postponement had not been sought as the claimant’s representative was hopeful that the claimant would be in attendance.It was submitted that this was why a postponement had not been sought.It was clarified that the claimant’s representative had been in contact with the claimant’s parents following the last hearing and they had indicated it would be very costly for the claimant to attend the hearing.

The respondent was opposed to the granting of an adjournment and advised that the previous hearing had been postponed at very short notice .It was asserted that the respondent was running a small business and already had lost time , expense and stress on what he contended were baseless claims.The respondent’s representative suggested that the claimant was not interested in proceeding with the complaints while the claimant’s representative suggested that a withdrawal of the complaint would only arise in the context of settlement of the complaint.

I have reviewed the submissions of both parties and considered the fact of the previous postponement.I am satisfied that the claimant’s representative was duly notifed of the date time and place at which the hearing to investigate the complaint would be held. The claimant did not attend and no application for a postponement was submitted in the weeks preceding the hearing,In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well founded and I decide accordingly.

Dated: 7th August 2019

Workplace Relations Commission Adjudication Officer: Emer O'Shea