ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026865
Parties:
| Complainant | Respondent |
Anonymised Parties | An employee | A company in liquidation |
Representatives | None | None |
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-00034448-001 | 04/02/2020 |
Date of Adjudication Hearing: 10/12/2020
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 4th February 2020, the complainant submitted a complaint to the Workplace Relations Commission pursuant to the Payment of Wages Act. The complaint was scheduled for adjudication remotely on the 10th December 2020.
At the time the adjudication was to commence, it was apparent that there was no attendance by or on behalf of the complainant. I verified that the complainant was on notice of the time and date of the hearing and had been emailed the correct link to the hearing. Having taken these steps, I proceeded with the adjudication in the absence of the complainant. The liquidator attended the adjudication.
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 sought recovery of unpaid wages, being €3,900 in unpaid wages and €1,267 in outstanding holiday pay. The company is in liquidation and the liquidator attended to say that the complainant had been paid monies from the Insolvency Payment Scheme. |
Summary of Complainant’s Case:
The complainant did not attend the adjudication to set out the basis of his complaint of a contravention of the Payment of Wages Act. |
Summary of Respondent’s Case:
The liquidator outlined that the complainant received a payment for arrears of wages from the Insolvency Payment Scheme, administered by the Department of Social Protection. |
Findings and Conclusions:
The complainant did not attend the adjudication to set out the basis of any contravention of the Payment of Wages Act. I, therefore, find that the complaint pursuant to the Payment of Wages Act is not well-founded. The liquidator set out that a payment had been made to the complainant from the Insolvency Payment Scheme. |
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.
CA-00034448-001 I decide that the complaint pursuant to the Payment of Wages Act is not well-founded. |
Dated: 23rd of February 2021
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Payment of Wages Act – complainant did not attend |