ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023621
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Gastro Pub |
Representatives | Did not attend | Conor MacGuill Solicitors |
Complaints:
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-00028502-001 | 07/05/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00028502-002 | 07/05/2019 |
Date of Adjudication Hearing: 27/01/2020
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I was available to inquire into the complaints and to give the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complainant was employed by the respondent from 6th March 2016 until 4th May 2019. The complaints were submitted to the Workplace Relations Commission on 7th May 2019 and relate to alleged breaches of the Payment of Wages Act, 1991 in respect of Holiday Pay, Wages and Minimum Notice entitlements. |
Summary of Complainant’s Case:
The complainant did not attend the adjudication hearing and was not represented. |
Summary of Respondent’s Case:
The respondent attended the adjudication hearing. The respondent stated that as the complainant was not in attendance to pursue the complaints, the complaints should be struck out. |
Findings and Conclusions:
The complaints were received by the Director General of the Workplace Relations commission on 7th May 2019 whereby the complainant alleged that his former employer contravened the provisions of the Payment of Wages Act, 1991 in relation to him. The complaints were assigned the complaint application numbers CA-00028502-001 and CA-00028502-002 respectively. The said complaints were referred to me for investigation. A hearing for that purpose was arranged for 27th January 2020. There was no appearance by or on behalf of the complainant at the hearing. |
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.
In all of the circumstances of the matter, I must conclude that the within complaints (CA-00028502-001 and CA-00028502-002) are not well-founded and I decide accordingly. |
Dated: 14th August 2020
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Holiday Pay, Notice entitlements, Unpaid Wages |