ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00022896
Parties:
| Complainant | Respondent |
Anonymised Parties | An Account Manager | A Recruitment Company |
Complaints:
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-00029461-001 | 04/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00029461-002 | 04/07/2019 |
Date of Adjudication Hearing: 10/12/2019
Workplace Relations Commission Adjudication Officer: Pat Brady
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.
Summary of Complainant’s Case:
The complainant did not attend the hearing. No explanation was received for her failure to do so on this occasion (see Findings and Conclusions). |
Summary of Respondent’s Case:
The respondent attended the hearing.
He submitted that while there had been a delay in payments to the complainant all outstanding monies due to her had now been paid. |
Findings and Conclusions:
A previous hearing of the complaints had been scheduled for December 10th, 2019.
The complainant, then in the United States, had indicated (on November 11th, 2019) that she was willing to have her case determined on the basis of correspondence submitted to the WRC.
In the event it turned out that the respondent had not been properly notified of that hearing and it was re-scheduled.
The complainant did not attend the hearing on this occasion and provided no explanation for her failure to do so. In earlier correspondence with the WRC she had indicated that she was abroad only until the end of 2019.
There was insufficient information in the complainant’s submitted material to enable consideration of her case in her absence although I note the respondent’s submission that all monies have been paid.
In the circumstances, I find as follows. A complaint was received by the Director General of the Workplace Relations Commission by the complainant alleging breaches of the above statutes. The said complaint was referred to me for investigation. There was no appearance by or on behalf of the complainant at the hearing. I am satisfied that the said complainant was sent notice in writing to the address provided on the complaint form 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.
For the reasons set out above I find that complaints CA-00029461-001 and 002 are not well founded. |
Dated: 2nd September 2020
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Non-attendance by complainant. |