ADJUDICATION OFFICER DECISION.

Adjudication Reference: ADJ-00023403

Parties:

	Complainant	Respondent
Anonymised Parties	A breakfast chef	A hotel operator

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-00029927-001	29/07/2019

Date of Adjudication Hearing: 18/10/2019

Workplace Relations Commission Adjudication Officer: Jim Dolan

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).

Background:

The Complainant was a breakfast chef employed by the Respondent from 28/05/2018 until 29/03/2019.

This complaint was received by the Workplace Relations Commission on 29/07/2019.

Summary of Complainant’s Case:

The Complainant did not attend the hearing of this complaint.

Summary of Respondent’s Case:

The Respondent attended the hearing and were in a position to respond to the complaint.

Findings and Conclusions:

A complaint was received by the Director General of the Workplace Relations Commission on 29th July 2019 alleging that the Respondent had contravened the provisions of the Payment of Wages Act, 1991. The said complaint was referred to me for investigation.

A hearing for that purpose was held on 18th October 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 I decide accordingly.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

As outlined above.

Dated: 19th November 2019

Workplace Relations Commission Adjudication Officer: Jim Dolan

Key Words:

Payment of Wages Act; complainant did not attend.