ADJUDICATION OFFICER DECISION.

Adjudication Reference: ADJ-00027731

Parties:

	Complainant	Respondent
Anonymised Parties	An employee	A construction company

Representatives

Did not attend

Complaint:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00035538-002	01/04/2020

Date of Adjudication Hearing: 26/01/2021

Workplace Relations Commission Adjudication Officer: Jim Dolan

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 was employed by the Respondent from 1st June 2018 until 25th March 2020.

This complaint referred under section 6 of the Payment of Wages Act, 1991 was received by the Workplace Relations Commission on 1st April 2020.

Summary of Complainant’s Case:

The Complainant did not attend the hearing of the complaint.

I am satisfied that correspondence in relation to arrangements for the remote hearing of this complaint were sent to the Complainant.

Summary of Respondent’s Case:

The Respondent did not attend the hearing of the complaint.

I am satisfied that correspondence in relation to arrangements for the remote hearing of this complaint were sent to the Respondent.

Findings and Conclusions:

A complaint was received by the Director General of the Workplace Relations Commission on 1st April 2020 alleging that the Complainant’s former employer contravened the provisions of the Payment of Wages Act, 1991 in relation to him. The said complaint was referred to me for investigation. A remote hearing for that purpose was held on 26th January 2021. There was no appearance by either the Complainant or the Respondent at the hearing. I am satisfied that both the Complainant and the Respondent were informed in writing of the date and time 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 complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

I must conclude that the within complaint is not well-founded and I decide accordingly.

Dated: 29th January 2021

Workplace Relations Commission Adjudication Officer: Jim Dolan

Key Words:

Payment of Wages Act, 1991.