ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019009
Parties:
| Complainant | Respondent |
Anonymised Parties | A Design Engineer | An Engineering Firm |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00024568-001 | 03/01/2019 |
Date of Adjudication Hearing: 04/06/2019
Workplace Relations Commission Adjudication Officer: Enda Murphy
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 was employed by the Respondent as a Design Engineer and his employment was terminated on 12 July, 2018. The Complainant claimed that the Respondent made unlawful deductions from his wages contrary to Section 5 of the Payment of Wages Act 1991 in relation to unpaid wages and statutory notice entitlements on the termination of his employment. The Respondent did not engage with the WRC in relation to the complaint. |
Summary of Complainant’s Case:
The Complainant failed to attend the Hearing to adduce evidence in support of his complaint. |
Summary of Respondent’s Case:
The Respondent did not engage with the WRC in relation to the complaint and failed to attend the Hearing in relation to the matter. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission from the Complainant on 3 January, 2019 alleging that his former employer made unlawful deductions from his wages contrary to Section 5 of the Payment of Wages Act 1991 in relation to unpaid wages and statutory notice entitlements. The said complaint was referred to me for investigation. A hearing for that purpose was held on 4 June, 2019. There was no appearance by or on behalf of the Complainant 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. |
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.
Having regard to the above circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint under the Payment of Wages Act 1991 is not well-founded and I decide accordingly. |
Dated: 22-07-2019
Workplace Relations Commission Adjudication Officer: Enda Murphy
Key Words:
Payment of Wages Act 1991– Section 5 – Unlawful Deductions – Complainant Failed to Attend Hearing – Complaint not well-founded |