ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00024198

Parties:

Complaint:

Date of Adjudication Hearing: 31/10/2019

Workplace Relations Commission Adjudication Officer: Aideen Collard

Procedure:

The Complainant referred a complaint under Section 6 of the Payment of Wages Act 1991 to the Workplace Relations Commission (WRC) on 14th September 2019. In accordance with Section 41 of the Workplace Relations Act 2015, following referral to me by the Director General, I inquired into this complaint and gave the Parties an opportunity to be heard by me and to present any relevant evidence. This matter was listed for hearing on 31st October 2019. There was no attendance on behalf of either Party. I satisfied myself that letters dated 3rd October 2019 had issued to both Parties at the correct addresses, confirming the venue, date and time of the hearing. I confirmed that neither Party had contacted the WRC to indicate a change of address, any difficulty attending or that the complaint had been settled and/or could be withdrawn. I also made enquiries as to the Parties’ whereabouts with reception and remained in the hearing room for the scheduled duration.

Background:

The Complainant referred a complaint to the WRC under Section 6 of the Payment of Wages Act 1991 claiming that he was underpaid wages, arising from his employment with the Respondent.

Summary of Complainant’s Case:

There was no attendance by or on behalf of the Complainant at the scheduled hearing of this complaint at the WRC on 31st October 2019 to give evidence in support of his complaint and other than his complaint form, no further details or supporting documentation was furnished to the WRC.

Summary of Respondent’s Case:

There was no contact or engagement by the Respondent with the WRC, and no attendance by it or on its behalf at the scheduled hearing of this complaint on 31st October 2019 as detailed aforesaid.

Decision:

I am satisfied that the WRC issued a letter dated 3rd October 2019 to the Complainant at his address, confirming the venue, date and time of the hearing, and further, that he did not contact the WRC to indicate a change of address, any difficulty attending or that the complaint had been settled and/or could be withdrawn. A period of time has elapsed since the hearing before issuing this decision, allowing for the Complainant to contact the WRC with an explanation for his non-attendance but no such contact has been made. I therefore find the Complainant’s non-attendance at this hearing to pursue his complaint and provide evidence in support of same unreasonable in the circumstances. Accordingly, I find this complaint not to be well-founded in the absence of any supporting evidence.

Dated: 4th December, 2019  

Workplace Relations Commission Adjudication Officer: Aideen Collard