ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023332
Parties:
| Complainant | Respondent |
Anonymised Parties | General Operative | Glazer |
Representatives | No Appearance | Mr. Dermot Scanlon, J.D. Scanlon & Co. Solicitors |
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-00029910-001 | 26/07/2019 |
Date of Adjudication Hearing: 03/12/2020
Workplace Relations Commission Adjudication Officer: Brian 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 lodged the present complainant with the Commission on 26th July 2019. Therein, he alleged that that the Respondent had underpaid his wages for a period of time. A hearing in relation to this complaint was convened and finalised on 3rd December 2012. No technical issues were experienced during the same. |
Summary of Complainant’s Case:
There was no appearance by or on behalf of the Complainant. I note the correspondence on file which was issued notifying the Employee in relation to the date, time and venue of the hearing. |
Summary of Respondent’s Case:
The Respondent and his representative attended the hearing and indicated that they were prepared to defend the complaint. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations commission from the employee on 26th July 2019 alleging that his former employer contravened the provisions the Payment of Wages Act in relation to him. The said complaint was referred to me for investigation. A hearing for that purpose was held on 3rd December 2020. There was no appearance by or on behalf of the employee at the hearing. I am satisfied that the said employee was informed in writing of the date, time and place 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 find that the complaint is not well founded and consequently the Complainant’s application fails. |
Dated: 23/03/2021
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance. |