ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013865
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | A Construction Company |
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-00018104-001 | 22/03/2018 |
Date of Adjudication Hearing: 15/11/2018
Workplace Relations Commission Adjudication Officer: Stephen Bonnlander
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 referred his complaint on 22 March 2018. It was delegated to me by the Director General on 18 October 2018 for hearing and decision. A joint hearing with the parties was scheduled for 15 November 2018. The respondent attended at the time indicated on the hearing letter. The complainant did not, despite the fact that he had confirmed his attendance to the WRC case officer the evening before. I postponed the beginning of the hearing for about 30 minutes to allow for any unforeseen delays on the part of the complainant. I also made enquiries with Commission staff as to whether the complainant had made contact to explain the situation, but he had not. I then adjourned the matter for 24 hours to give the complainant an opportunity to explain his absence, but the complainant did not do so. |
Findings and Conclusions:
As part of my investigation under the statutes under which the complainant seeks relief, I am obliged to hold a hearing. I find that the complainant’s failure to attend such a hearing was unreasonable in the circumstances and that any such obligation has ceased. |
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.
In the light of the foregoing I issue the following decision: As no evidence was given by the complainant at the hearing in support of his complaints and of the dispute, I conclude the investigation and find against the complainant. |
Dated: January 9th 2019
Workplace Relations Commission Adjudication Officer: Stephen Bonnlander
Key Words:
Payment of Wages Act, 1991 – no show – no prima facie case. |