ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023807
Parties:
| Complainant | Respondent |
Anonymised Parties | A Customer Assistant | A Café |
Complaints:
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-00030451-001 | 23/08/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00030451-002 | 23/08/2019 |
Date of Adjudication Hearing: 06/11/2019
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 Section 6 of the Payment of Wages Act, 1991 and Section 27 of the Organisation of Working Time Act, 1997, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant submitted two complaints to the WRC on 23 August 2019. The matter proceeded to hearing and both parties were invited to attend dated October 4, 2019. There was no appearance by either party at hearing, nor was any notification offered for the conjoint failure to appear. |
Summary of Complainant’s Case:
The Complainant outlined that he was a Bulgarian Customer assistant who commenced work on 7 March 2019 on an 18-hour week. CA -00030451-001 Payment of Wages Act 1991 The Complainant submitted that his/her workplace had closed on an unspecified date and he/she had been denied payment of notice. CA -00030451-002 Organisation of Working Time Act ,1997 The Complainant submitted that he /she had not received annual leave or public holiday entitlements. |
Summary of Respondent’s Case:
The Respondent was notified of the claim by the complainant on 2 September 2019. He did not file a responding submission or a defence to the claim. The papers were returned to the WRC as nobody present at address on 17 October 2019. CA -00030451-001 Payment of Wages Act 1991 The Respondent did not file a defence to the claim. CA -00030451-002 Organisation of Working Time Act ,1997 The Respondent did not file a defence to the claim
|
Findings and Conclusions:
I am satisfied that both parties were on proper notice of the hearing and for an unknown reason decided not to attend. It would have assisted the WRC if either party had presented and explained their respective positions. I ascertained if either party had contacted the WRC regarding their attendance at hearing. They had not . I had prepared both claims for hearing and was looking forward to meeting the parties at hearing .I have found the complainants failure to appear as unreasonable in all circumstances .
CA -00030451-001 Payment of Wages Act 1991 I have found the claim to be unfounded CA -00030451-002 Organisation of Working Time Act ,1997 I have found the claim to be unfounded
|
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. CA -00030451-001 Payment of Wages Act ,1991 Section 6 of the Payment of Wages Act, 1991, requires that I make a decision in relation to the complaint in accordance with Section 5 that Act. I have the complaint to be unfounded . CA -00030451-002 Organisation of Working Time Act ,1997 Section 27 of the Organisation of Working Time Act , 1997 , requires that I make a decision in relation to the claim in accordance with SS 19 and 21 of the Act . I have the complaint to be unfounded .
|
Dated: 17/12/19
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Key Words:
Payment of Notice on cessation of employment , annual leave and public holidays |