ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00020985
Parties:
| Complainant | Respondent |
Anonymised Parties | Film Extra | Film Production Company |
Representatives | No Appearance |
|
Complaint:
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-00027680-001 | 11/04/2019 |
Date of Adjudication Hearing: 30/07/2019
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complaint was in relation to a claim by the complainant that he had not been paid by the respondent in respect of one day’s work as an extra on a film production. |
Summary of Complainant’s Case:
The complainant worked for one day as an extra on a film production. Four months had elapsed since that day and no payment had been received from the respondent. |
Summary of Respondent’s Case:
There had been contact between the parties accepting that payment had been delayed and that the respondent hoped to be in a position to make the payment due as soon as possible. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission from the complainant on 11 April 2019 alleging that the respondent had contravened the provisions of the Payment of Wages Act, 1991, in relation to him. A hearing for the investigation of that complaint was held on 30 July 2019. There was no appearance by or on behalf of the complainant at the hearing. A representative of the respondent was in attendance. I satisfied myself that the complainant was informed of the date, time and place of the hearing. Subsequently the secretariat spoke by phone with the complainant’s wife who advised that the complainant had been ill on the date of the hearing. I instructed the secretariat to inform the complainant that he should forward a medical certificate in respect of his illness and to advise the secretariat if he wished to have his case relisted for hearing. This was done by letter dated 21 August 2019. No communication was received from the complainant in this regard. In the circumstances I must conclude that the complaint is not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Complaint No. CA-00029838-001: For the reasons set out above I find that this complaint under the Payment of Wages Act, 1991, is not well founded. |
Dated: January 28th 2020
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Key Words:
Wages due Payment of Wages Act, 1991 Non-appearance of Complainant |