ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027574
Parties:
| Complainant | Respondent |
Parties | Dereck O'Brien | Event Transport Ireland Ltd |
Representatives | none | none |
Complaint(s):
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-00035379-001 | 23/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00035379-002 | 23/03/2020 |
Date of Adjudication Hearing: 04/05/2021
Workplace Relations Commission Adjudication Officer: John Harraghy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
A remote hearing was scheduled for 04/05/2021 and neither party attended the hearing. The respondent had requested a postponement, but this was refused. Having reviewed the file I am satisfied that both the complainant and the respondent were notified of the date and time of the remote hearing.
Background:
The complainant commenced employment with the respondent on 12/02/2020 as a driver. He was paid fortnightly a sum of €1,500 gross. As a result of damage to a truck the respondent made some deductions to his wages. The complainant ended his employment on 03/03/2020. The complainant submitted his complaints to the WRC on 23/03/2020. He is claiming that his previous employer breached the provisions of the Payment of Wages Act, 1991 and is seeking adjudication under section 6 of the Act. |
Summary of Complainant’s Case:
The complainant did not attend the hearing. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
A complaint was received by the Director of the Workplace Relations Commission from the complainant on 23/03/2020 alleging that the respondent had breached the provisions of the Payment of Wages Act in relation to him. A remote hearing to hear this complaint was arranged for 04/05/2021. There was no appearance or contact by or on behalf of the complainant at the time of the hearing. I am satisfied that the complainant was informed by e mail of the date, time and method of the remote hearing. The respondent has requested a postponement, and this was refused. The respondent did not attend the hearing. In these circumstances and in the absence of any evidence to the contrary having been adduced before me I must conclude that the within complaints CA-00035379-01 and CA-00035379-02 are 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(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I do not find these complaints to be well founded. |
Dated: 27th July 2021
Workplace Relations Commission Adjudication Officer: John Harraghy
Key Words:
Payment of wages. Damage to truck. Non attendance |