ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00029541

Parties:

	Complainant	Respondent
Parties	A Beautician	A Beautician Salon

Representatives

Not Present

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-00039892-001	17/09/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00039892-002	17/09/2020

Date of Adjudication Hearing: 31/05/2021

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Procedure:

In accordance with Section 41 of the Workplace Relations Act, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

The Complainant alleged she was due unpaid wages and holiday pay.

Summary of Complainant’s Case:

The Complainant did not attend the Hearing. The Complainant was provided with the Respondent submission in advance of the Hearing contesting the complaint. The Complainant was contacted by the WRC on Friday May 28th to confirm her attendance at the Remote Hearing but hung up on the call.

Summary of Respondent’s Case:

The Respondent did not attend the Hearing but corresponded through a HR Representative in advance of the Hearing with the WRC that the business had ceased operations for now and submitted detailed written evidence that the Complainant was not due any unpaid wages or holiday pay.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

A Complaint was received by the Director General of the Workplace Relations Commission on September 17th 2020 alleging that her former employer contravened the provisions of Section 5 of the Payment of Wages Act 1991 in relation to her. The said complaints were referred to me for investigation. A Hearing for that purpose was held on May 31st 2021. There was no appearance by or on behalf of the Complainant at the Hearing. I am satisfied that the said Complainant was informed in writing by email of the date, time and communication method at which the Hearing to investigate the complaints 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 complaints CA-00039892-001 and CA-00039892-002 are not well founded and I decide accordingly.

Dated: 29th June, 2021

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Key Words:

Unpaid Wages