ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00032440
Parties:
| Complainant | Respondent |
Parties | Seamus O'toole | Gsa Contract Cleaning Associates Limited |
Representatives | No Attendance | No Attendance |
Complaints:
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-00042979-001 | 10/03/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00042979-002 | 10/03/2021 |
Date of Adjudication Hearing: 25/08/2021
Workplace Relations Commission Adjudication Officer: Janet Hughes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant submitted a complaint concerned with non-payment of wages for January 8th, 2021 and also payment for two public holidays-17 March 2020 and New Year’s Day 2021. Notification of the hearing was issued to the Complainant at the email address provided by him and by post to the Respondent at the address and using the name and title given by the Complainant. The staff member hosting the hearing rang the Complainant twice leaving a voicemail and in addition emailed him requesting contact. There was no reply to any of these contacts. The Complainant did not attend the hearing. As there was no email address for the named respondent, the staff member attempted to make contact with him by telephone. However, as his calls were taken at a call centre, they would not pass him through the named person-saying only that the person concerned does not work in Dublin-whereas the Complainant had provided a Dublin address. The staff member asked in two calls to the call centre that his message be passed to an appropriate person. There was responding no contact from anyone acting on behalf of GSA. Based on the information provided to me, I am satisfied that every reasonable effort was made by the WRC to contact the parties in order to facilitate their attendance at the hearing and the Decision is issued in this case on that basis. |
Summary of Complainant’s Case:
No attendance-no evidence presented |
Summary of Respondent’s Case:
No attendance-no evidence presented |
Findings and Conclusions:
As no evidence was presented by the Complainant to support the complaint, I find that it is not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00042979-001 Payment of Wages Act 1991-The complaint by Seamus O’ Toole against GSAContract Cleaning Associates is not well founded. CA-00042979-002 Organisation of Working Time Act 1997-The complaint by Seamus O’Tooleagainst GSA Contract Cleaning Associates is not well founded. |
Dated: 17-09-21
Workplace Relations Commission Adjudication Officer: Janet Hughes
Key Words:
Pay withheld/Public Holiday Pay |