ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00024723
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | A Cleaning Company |
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-00031441-002 | 08/10/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00031441-003 | 08/10/2019 |
Date of Adjudication Hearing: 08/01/2020
Workplace Relations Commission Adjudication Officer: Louise Boyle
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 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 did not attend and the respondent did not attend. The worker detailed in the claim form that her claims were for pay and annual leave. |
Summary of Complainant’s Case: CA-00031441-002
The complainant did not attend. I confirmed that a letter had issued notifying the complainant of the date, time and location of the hearing. In the complaint form the complainant detailed that she was owed €400. |
Summary of Respondent’s Case: CA-00031441-002
The respondent did not attend. I confirmed that a letter had issued notifying the Respondent of the date, time and location of the hearing. |
Findings and Conclusions: CA-00031441-002
A complaint was received by the Director General of the Workplace Relations commission by the complainant on 8th October 2019 alleging that the employer contravened the provisions of Section 6 of the Payment of Wages Act . The said complaint was referred to me for investigation. A hearing for that purpose was held on 8th January 2020. There was no appearance by or on behalf of the complainant or the respondent at the hearing. I am satisfied that the said complainant and respondent were 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. |
Summary of Complainant’s Case: CA-00031441-003
The complainant did not attend. I confirmed that a letter had issued notifying the complainant of the date, time and location of the hearing. In her complaint form the complainant detailed that she did not receive annual leave. |
Summary of Respondent’s Case: CA-00031441-003
The respondent did not attend. I confirmed that a letter had issued notifying the Respondent of the date, time and location of the hearing. |
Findings and Conclusions: CA-00031441-003
A complaint was received by the Director General of the Workplace Relations commission by the complainant on 8th October 2019 alleging that the employer contravened the provisions of Section 27 of the Organisation of Working Time Act 1997. The said complaint was referred to me for investigation. A hearing for that purpose was held on 8th January 2020. There was no appearance by or on behalf of the complainant or the respondent at the hearing. I am satisfied that the said complainant and respondent were 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 complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00031441-002 In the circumstances referred to above 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. CA-00031441-003 In the circumstances referred to above 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. |
Dated: February 21st 2020
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Payment of wages, annual leave, respondent did not attend, complainant did not attend |