ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019316
Parties:
| Complainant | Respondent |
Anonymised Parties | Kitchen Porter | Restaurant |
Representatives | Self |
|
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-00025211-001 | 23/01/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00025212-001 | 23/01/2019 |
Date of Adjudication Hearing: 26/03/2019
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complainant was employed as a kitchen porter in a restaurant commencing on 15 July 2018 and terminating on 25 October 2018. The complaint is in relation to unpaid wages that the complainant claims are due to him. |
Summary of Complainant’s Case:
The complainant was only paid on one occasion during his term of employment. The restaurant owner continually promised payment but did not make any further payments. The complainant has calculated that he is owed €3,153.60 in respect of unpaid wages. |
Summary of Respondent’s Case:
There was no response by or on behalf of the respondent. There was no attendance by the respondent at the hearing. |
Findings and Conclusions:
There was no attendance by or on behalf of the respondent. On examining the correspondence file I noted the following; The original notices of complaint were received by the WRC on 23 January 2019. Two complaint forms were completed in relation to the same complaint. The original notice of complaint was sent to the respondent (a limited company) on 25 January 2019 using the respondent’s title and address as stated on the complaint form. This correspondence was returned to the WRC by An Post on 31 January 2019 marked “Gone Away”. A notice of hearing was sent to the original address on 18 February 2019. On 19 February 2019 the WRC secretariat wrote to the complainant advising of the return of the original correspondence and requesting an alternative address. The complainant replied by return supplying an address which he stated was that of the principal director. All correspondence was then sent to this new address but the title of the respondent remained unchanged. This correspondence also appears to have been returned to the WRC by An Post. I also noted that in the documentation supplied by the complainant regarding an alternative address there was a printout showing the correct legal title of the respondent. This was different to the title as set out in the complaint form and subsequently used in addressing the various notices. These issues were discussed with the complainant. It was accepted that, in the absence of any proof that the respondent had received the notices and, in particular, as the correct legal title of the respondent was not incorporated in those notices, that the hearing of this complaint could not proceed. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Complaint No. CA-00025212 -001 is a duplicate of Complaint No. CA-00025211-001. For the reasons outlined above the hearing of these complaints as set out in the complaint form did not proceed. Consequently, the complaints were withdrawn. |
Dated: 13/08/2020
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Key Words:
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