ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00025508

Parties:

	Complainant	Respondent
Anonymised Parties	Waitress	Food Outlet

Representatives

Not Applicable

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-00032420-001	22/11/2019

Date of Adjudication Hearing: 25/02/2021

Workplace Relations Commission Adjudication Officer: Gerard McMahon

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:

On Nov. 22nd, 2019 the complainant lodged her complaint with the W.R.C. (under the Payment of Wages Act, 1991), explaining that she worked as a waitress for the respondent from 15th June until 17th July 2019. Her hours of work varied, but she generally worked three to four days per week and was paid €10.15 per hour. On 18th July she received a message on WeChat from her manager/supervisor, stating that the restaurant would not be opening on that date and

she didn't know when the restaurant would reopen. The restaurant didn't reopen and

the claiman alleges that she did not receive her last week’s wages when she worked 11 hours and also alleges that she did not receive her holiday entitlement.

Summary of Complainant’s Case:

See above – as per the complaint form.

Summary of Respondent’s Case:

None submitted/received/heard at hearing.

Findings and Conclusions:

This hearing was a case of ‘no show’ by both parties. That is, an adjudication hearing was scheduled for Feb. 25, 2021. However, neither party to the proceedings was in attendance. Notably, correspondence issued by the W.R.C. in December 2019 to the respondent was returned (undelivered) by An Post and marked as ‘Gone Away’. In the interim (i.e. between Feb. 2021 and April 2022) there has been no further communication with/from either party to the proceedings. Accordingly, it is deemed appropriate that the relevant file be closed.

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.

As there was a ‘no show’ at the scheduled hearing and no subsequent communication from the complainant party, it is deemed that the claim is not upheld.

Dated: 11th May 2022

Workplace Relations Commission Adjudication Officer: Gerard McMahon

Key Words:

No Show