ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019534
Parties:
| Complainant | Respondent |
Anonymised Parties | Crane Supervisor | Crane Service Provider |
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-00025481-001 | 28/01/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00025481-002 | 28/01/2019 |
Date of Adjudication Hearing: 30/07/2019
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) 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.
Following the hearing on the 30th.July 2019 , the claimant was contacted for further clarification regarding his rates of pay in September 2019.The claimant indicated that he was considering withdrawing the complaints against the respondent. The claimant was requested to clarify his position as a matter of urgency and undertook to do so within a matter of days. Despite repeated phone calls and a reminder letter to the claimant from the WRC on the 10th.October 2019 , the claimant has not withdrawn the complaint and has failed to furnish the information sought to enable a decision to issue. As the claimant has not presented sufficient facts to ground his complaint, I find the complaint is not well founded
Section 27 of the Organisation of Working Time Act 1997 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
Following the hearing on the 30th.July 2019, the claimant was contacted for further clarification regarding his rates of pay in September 2019.The claimant indicated that he was considering withdrawing the complaints against the respondent. The claimant was requested to clarify his position as a matter of urgency and undertook to do so within a matter of days. Despite repeated phone calls and a reminder letter to the claimant from the WRC on the 10th.October 2019 the claimant has not withdrawn the complaint and has failed to furnish the information sought to enable a decision to issue. As the claimant has not presented sufficient facts to ground his complaint, I find the complaint is not well founded
Dated: 13/08/2020
Workplace Relations Commission Adjudication Officer: Emer O'Shea