ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00037097
Parties:
| Complainant | Respondent |
Parties | Jonathan Hoban | Irish Modern Auctions Limited |
Representatives | Did not attend | Company manager |
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-00048425-001 | 01/02/2022 |
Date of Adjudication Hearing: 02/12/2022
Workplace Relations Commission Adjudication Officer: Jim 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 was employed by the Respondent as an Auction Consultant. Employment commenced on 12th July 2021 and ended on 31st January 2022. This complaint, submitted under s.6 of the Payment of Wages Act, 1991 was received by the Workplace Relations Commission on 1st February 2022. |
Summary of Complainant’s Case:
The Complainant was not present at the virtual hearing of this complaint. I am satisfied that the Complainant was notified on 13th October 2022 of all arrangements for the hearing. |
Summary of Respondent’s Case:
The Respondent was present at the hearing and was ready to present a defence. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission on 1st February 2022 alleging that the Complainant’s former employer had contravened the provisions of the Payment of Wages Act, 1991. A hearing for that purpose was held on Friday 2nd December 2022. 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 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 must conclude that the within complaint is not well-founded and I decide accordingly. |
Dated: 6th December 2022
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Payment of Wages Act, 1991. |