ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00009495
Parties:
| Complainant | Respondent |
Anonymised Parties | A Fisherman | A Fishing Company |
Representatives | Did not attend | Managing Director |
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-00012411-001 | 11/07/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00012411-002 | 11/07/2017 |
Date of Adjudication Hearing: 29/05/2018
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015,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 was employed by the respondent as a Fisherman until 22nd April 2017. The complainant was paid €1486.92 gross per month. The complaints relate to alleged breaches of the Payment of Wages Act, 1991 and the Unfair Dismissals Act, 1977. |
Summary of Complainant’s Case:
The complainant did not attend the adjudication hearing and was not represented. |
Summary of Respondent’s Case:
The respondent attended the adjudication hearing to put forward its position relating to the complaints. |
Findings and Conclusions:
The complaints were received by the Director General of the Workplace Relations commission on 11th July 2017 whereby the complainant alleged that his former employer contravened the provisions of the Payment of Wages Act, 1991 and the Unfair Dismissals Act, 1977 in relation to him. The complaints were assigned the complaint application numbers CA-00012411-001 and CA-00012411-002 respectively. The said complaints were referred to me for investigation. A hearing for that purpose was arranged for 29th May 2018. There was no appearance by or on behalf of the complainant at the hearing. |
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.
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
In all of the circumstances of the matter, I must conclude that the within complaints (CA-00012411-001 and CA-00012411-002) are not well-founded and I decide accordingly. |
Dated: 30th January 2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
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