ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00021422
Parties:
| Complainant | Respondent |
Anonymised Parties | A Locum Pharmacist | A Recruitment Company |
Representatives | No Appearance by or on behalf of the complainant | No Appearance by or on behalf of the complainant. |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00028148-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991, 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:
On May 2, 2019 the Complainant submitted a complaint to the WRC. She submitted that an underpayment had taken place in relation to Sunday Pay and Bank Holiday pay. The Respondent has not filed a response to the claim. On 12 June 2019, the date of hearing was notified to the parties as 25 July 2019 at 10.30 am. On the day before the hearing, the complainant informed the WRC that she would not be available for the hearing due to a two-day workplace audit. Her request for postponement was denied and the hearing progressed as planned. |
Summary of Complainant’s Case:
The Complainant submitted a written complaint under the Payment of Wages Act, 1991, dated May 2, 2019. She alleged that she had been underpaid on leaving her employment on the same date. She referred to a pre -existing 84-month duration repayment agreement which had not been honoured in relation to premia pay. The Complainant did not attend the hearing to advance this case. |
Summary of Respondent’s Case:
The Respondent did not file a response to the claim or make an appearance at the hearing. |
Findings and Conclusions:
I am satisfied that both parties were duly notified that the Hearing of the case was to run as planned. I find that the nonappearance of the complainant in her own case is unreasonable in the circumstances. I allowed a 30-minute interval at the commencement of the hearing to allow for a delayed attendance by either party. In the absence of both parties and any evidence in this case, I must find that the claim is not well founded. |
| Decision:
Section 41 of the Workplace Relations Act 2015 requires that I decide in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act. Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act. I have found that the claim is not well founded. |
Dated: July 26th 2019
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Key Words:
Allegation of Deduction in Wages |