ADJUDICATION OFFICER DECISION.

Adjudication Reference: ADJ-00025252

Parties:

	Complainant	Respondent
Anonymised Parties	A barista	A restaurant operator

Representatives

Did not attend

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-00032058-001	07/11/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00032058-002	07/11/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00032058-003	07/11/2019

Date of Adjudication Hearing: 02/01/2020

Workplace Relations Commission Adjudication Officer: Jim Dolan

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).

Background:

The Complainant was employed by the Respondent as a Barista. Employment commenced on 19/04/2019 and ended on 06/10/2019.

The Complainant has not provided any information in relation to hours of work or rates of pay.

This complaint was received by the Workplace Relations Commission on 7th November 2019.

Summary of Complainant’s Case:

The Complainant did not attend the hearing of the complaint.

Correspondence in relation to the date, time and venue for the hearing was sent to the Complainant on 26th November 2019.

No communication was received from the Complainant in relation to his non-attendance at the hearing.

Summary of Respondent’s Case:

The Respondent did not attend the hearing of the complaint.

Correspondence in relation to the date, time and venue for the hearing was sent to the Respondent on 26th November 2019.

Findings and Conclusions:

A complaint was received by the Director General of the Workplace Relations Commission 7th November 2019 alleging that his former employer contravened the provisions of the Payment of Wages Act, 1991 and the Organisation of Working Time Act, 1997 in relation to him. The said complaint was referred to me for investigation. A hearing for that purpose was held on 2nd January 2020. There was no appearance by or on behalf of the Complainant at the hearing. I am satisfied that the said Complainant was 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 complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

The complaint is not well – founded.

Dated: 13th February 2020

Workplace Relations Commission Adjudication Officer: Jim Dolan

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