ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00025072
Parties:
| Complainant | Respondent |
Anonymised Parties | Waiter | Restaurant |
Representatives |
| Director |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00031796-001 | 23/10/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00031796-002 | 23/10/2019 |
Date of Adjudication Hearing: 18/02/2020
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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 was employed as a waiter in the bar / restaurant operated by the respondent. The employment commenced on 14 October 2019 and terminated on 20 October 2019. The complaints are in relation to the complainant’s rate of pay and wages which she claims are due to her. |
Summary of Complainant’s Case:
There was no appearance by the complainant. |
Summary of Respondent’s Case:
|
Findings and Conclusions:
Complaints were received by the Director General of the Workplace Relations Commission from the complainant alleging that her former employer, the respondent, contravened the provisions of the National Minimum Wage Act, 2000, (CA-00031796-001) and the Payment of Wages Act, 1991, (CA-00031796-002). The said complaints were referred to me for investigation. A hearing for that purpose was held on 18 February 2020. There was no appearance by or on behalf of the complainant at the hearing. Having checked the file and liaised with the secretariat I am satisfied that the 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 conclude that the within complaint is not well founded. |
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.
Complaint No. CA00031796-001 For the reasons set out above I find that this complaint under the National Minimum Wage Act, 2000, is not well founded. Complaint No. CA-00031796-002: For the reasons set out above I find that this complaint under the Payment of Wages Act, 1991, isnot well founded. |
Dated: 23rd March 2020
Workplace Relations Commission Adjudication Officer: Joe Donnelly
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