ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00022809

Parties:

	Complainant	Respondent
Anonymised Parties	A Construction Worker (2)	A Construction Company

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-00029271-001	24/06/2019

Date of Adjudication Hearing: 05/09/2019

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 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.

Summary of Complainant’s Case:

The complainant did not attend the hearing. No explanation was received for his failure to do so.

Summary of Respondent’s Case:

The respondent did not attend the hearing.

Findings and Conclusions:

A complaint was received by the Director General of the Workplace Relations Commission by the complainant alleging breaches of the above statute.

The said complaint was referred to me for investigation.

There was no appearance by or on behalf of the complainant at the hearing.

I am satisfied that the said complainant was sent notice in writing to the address provided on the complaint form 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 in accordance with the relevant redress provisions under Schedule 6 of that Act.

For the reason set out above I do not uphold complaint CA-00029271-001 and it is dismissed.

Dated: 09-10-2019

Workplace Relations Commission Adjudication Officer: Pat Brady

Key Words:

Non appearance by complainant.