ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00029150
Parties:
| Complainant | Respondent |
Parties | Krystian Szumski | Mackey Plant Construction Ltd |
Representatives | No Appearance | Self-Representative |
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-00038938-001 | 27/07/2020 |
Date of Adjudication Hearing: 10/06/2021
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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 claims that he did not appropriate payment in lieu of notice of termination of employment. He was employed from 17 January 2019 to 16 May 2020 when he resigned from his position. This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. |
Summary of Complainant’s Case:
The Complainant did not appear at the hearing. I waited a reasonable time for the Complainant to attend the hearing. |
Summary of Respondent’s Case:
The Respondent appeared at the hearing and provided a detailed submission. The Respondent denies the Complainant’s claim in full. |
Findings and Conclusions:
I am satisfied that the Complainant was informed in writing and follow up phone calls of the time and date of the hearing along with the Webex link. The Complainant did not attend to evidence his claim. In these circumstances, I must conclude that 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 complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
The Complainant is not well founded. |
Dated: 29th June, 2021
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
Payment of Wages – No Appearance |