ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013800
Parties:
| Complainant | Respondent |
Anonymised Parties | {An Employee} | {A Call Centre} |
Complaint(s):
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-00018197-001 | 28/03/2018 |
Date of Adjudication Hearing: 20/09/2018
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 worked as a Customer Care Adviser with the company from 1st January 2009. |
Summary of Complainant’s Case:
The Complainant claims payment for 1 bank holiday in August 2017 when he was on certified sick-leave. He is entitled to a portion of his wages and the Social Welfare pay the rest for this day. The Complainant was unable to take a day off subsequently as he was made redundant. |
Summary of Respondent’s Case:
The Respondent says that they entered into a Compromise Agreement with the Complainant which waived all further claims against the Respondent. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission from the Complainant on 28th March 2018 alleging that his former employer contravened the provisions of S 6 of the Payment of Wages Act 1991. The complaint was referred to me for investigation. A hearing for that purpose was held on 20th September 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. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded, and decide accordingly.
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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.
There was no appearance by or on behalf of the Complainant. I conclude the complaint is not well founded and decide accordingly. |
Dated: 5th March 2019
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
No appearance, complaint not well founded |