ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00032636
Parties:
| Complainant | Respondent |
Parties | Martin Mannering | Limerick City Council |
Representatives | Ger Kennedy Siptu | Eamonn Hunt LGMA |
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-00043158-002 | 21/03/2021 |
Date of Adjudication Hearing: 14/11/2022
Workplace Relations Commission Adjudication Officer: Orla Jones
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 submitted a complaint to the Workplace Relations Commission (WRC) on 21/03/21 alleging a breach of the above statute. An initial hearing took place on the 19th of August 2022 where both parties were in attendance. A second hearing day was scheduled for the 14th of November 2022 but the complainant did not attend and provided no reason for his non-attendance. |
Summary of Complainant’s Case:
The complainant did not attend the hearing. |
Summary of Respondent’s Case:
The respondent was in attendance at the hearing. |
Findings and Conclusions:
The complainant submitted a complaint to the Workplace Relations Commission (WRC) on 21/03/21 alleging a breach of the above statute. An initial hearing took place on the 19th of August 2022 where both parties were in attendance. A second hearing day was scheduled for 14th of November 2022 but the complainant did not attend and provided no reason for his non-attendance. Although I am satisfied that the Complainant was on notice of the time and date of the hearing, he did not attend to pursue his complaint. On the day of the hearing a grace period was allowed to enable the complainant to attend or make contact with the WRC. There is an onus on any party to a complaint, (but in particular a complainant) to attend for a hearing of which they have been given proper notice. No communications have been received from the complainant in the interim indicating any difficulty attending at the hearing, seeking a postponement, or withdrawing this claim. 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 declare this claim to be not well-founded. |
Dated: 25th November 2022
Workplace Relations Commission Adjudication Officer: Orla Jones
Key Words:
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