ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00033563
Parties:
| Complainant | Respondent |
Parties | Paul Mc Donnell | Xerox Europe Ltd |
Representatives | No attendance | Mr Ger Connolly, Mason Hayes and Curran |
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-00044437-001 | 01/06/2021 |
Date of Adjudication Hearing: 04/03/2022
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 referred the present complaint to the Commission on 1st June 2021. A hearing in relation to this matter was convened for and finalised on 4th March 2022. This hearing was conducted 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. No technical issues were experienced by either side during the hearing. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing. Having reviewed the file, I note that the Complainant was on notice of the date, time and venue of the hearing. I further note that no correspondence has been received seeking to explain the Complainant’s non-attendance. |
Summary of Respondent’s Case:
The Respondent attended the hearing and advised that they were ready to defend the complaint. In circumstances whereby the Complainant did not attend, they submitted that the matter should fail. |
Findings and Conclusions:
In circumstances whereby the Complainant did not adduce any evidence in support of his complaint, I find that the same 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.
I find that the complaint is not well-founded. |
Dated: 10th June 2022
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance. |