ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00033540
Parties:
| Complainant | Respondent |
Anonymised Parties | Car Wash Attendant | Car Valeting Service |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00041957-001 | 13/01/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003 | CA-00041957-002 | 13/01/2021 |
Date of Adjudication Hearing: 16/07/2021
Workplace Relations Commission Adjudication Officer: Janet Hughes
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.
Background:
The Complainant submitted a complaint that he was employed by the Respondent as a car wash attendant working on December 19 and 20 2020 for which he was not paid. Aspects of his complaint were referred to the Labour Inspectorate. The hearing of the complaints was held remotely in accordance with enabling legislation. Notice of the hearing was issued to the email address provided by the Complainant. On the morning of the hearing the staff member hosting the hearing rang the complainant at the mobile number provided. The service stated the number is no longer in use. As I am satisfied that the Workplace Relations Commission made every reasonable effort to notify the Complaint of the date time and venue for the hearing, I proceeded on this basis. |
Summary of Complainant’s Case:
No Attendance |
Summary of Respondent’s Case:
The Respondent stated that there was no record of the Complainant working at the Galway service-and it was just his word that he worked there. |
Findings
As no evidence was presented at the hearing of the complaint arranged for this purpose, 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 complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00041957 The complaint brought by the Complainant against the Respondent is not well founded. |
Dated: 12th August 2021
Workplace Relations Commission Adjudication Officer: Janet Hughes
Key Words:
Wages withheld. |