ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00021202
Parties:
| Complainant | Respondent |
Anonymised Parties | A General Operative | A Fast Foot Outlet |
Representatives | The Complainant did not attend the Hearing and was not represented | The Respondent did not attend the Hearing and was not represented |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00027864-001 | 16/04/2019 |
Date of Adjudication Hearing: 03/12/2019
Workplace Relations Commission Adjudication Officer: Enda Murphy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following 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 Complainant claimed that the Respondent made an unlawful deduction from her wages contrary to Section 5 of the Payment of Wages Act 1991 in relation to unpaid wages. |
Summary of Complainant’s Case:
The Complainant failed to attend the Hearing to adduce evidence in support of her complaint. |
Summary of Respondent’s Case:
The Respondent failed to attend the Hearing to adduce evidence in response to the complaint. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission by the Complainant on 16 April, 2019 alleging that her former employer contravened the provisions of the Payment of Wages Act, 1991 in relation to her employment. The said complaint was referred to me for investigation. A hearing for that purpose was held on 3 December, 2019. 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. |
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.
Having regard to the above circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint under the Payment of Wages Act, 1991 is not well-founded and I decide accordingly. |
Dated: 28th January 2020
Workplace Relations Commission Adjudication Officer: Enda Murphy
Key Words:
Payment of Wages Act, 1991 – Section 5 – Unlawful Deduction – Complainant Failed to Attend Hearing – Complaint not well-founded |