ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00021663

	Complainant	Respondent
Anonymised Parties	A Worker	A Bakery

Complaint:

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-00028421-001	15/05/2019

Date of Adjudication Hearing: 29/07/2019

Workplace Relations Commission Adjudication Officer: Louise Boyle

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 complainant submitted that he was owed monies from the respondent following the cessation of his employment.

Summary of Complainant’s Case:

In his complaint form, the complainant detailed that he was owed €210. The complainant did not attend the hearing. I confirmed that a letter had issued notifying the Complainant of the date, time and location of the hearing. While other documentation was returned unopened, the documentation with the date and time of the hearing was not returned. In the circumstances, I find that their non-attendance without any acceptable explanation to be unexplained in the circumstances.

Summary of Respondent’s Case:

The respondent did not attend. The Respondent did not engage with the Workplace Relations Commission in relation to the complaint. I confirmed that a letter had issued notifying the Respondent of the date, time and location of the hearing, and in the circumstances, I find that their non-attendance without any acceptable explanation to be unexplained in the circumstances.

Findings and Conclusions:

A complaint was received by the Director General of the Workplace Relations commission on 15 May 2019 alleging that the respondent contravened the provisions of Payment of Wages Act, 1991. The said complaint was referred to me for investigation. A hearing for that purpose was held on 29th July 2019. There was no appearance by or on behalf of the complainant or respondent at the hearing. I am satisfied that the said complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held.

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.

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.

I must conclude that the within complaint is not well-founded.

Dated: 06.08.2019

Workplace Relations Commission Adjudication Officer: Louise Boyle

Key Words:

Payment of wages, non-attendance.