ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00037751

Parties:

	Complainant	Respondent
Parties	Evan Bodkin	Danial King

Representatives

No Appearance

Complaint:

Act	Complaint Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00049133-001	11/03/2022

Date of Adjudication Hearing: 09/09/2022

Workplace Relations Commission Adjudication Officer: Brian Dolan

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015following 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 11th March, the Complainant referred the present complaint to the Commission. Herein, he alleged that the Respondent had made an illegal deduction from his wages. No responding submission was received from the Respondent.

A hearing in relation to this matter was convened for 9th September 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.

Neither the Complainant nor the Respondent attended the hearing as scheduled.

Summary of Complainant’s Case:

The Complainant did not attend the hearings as scheduled. Having reviewed the file I am satisfied that the Complainant was aware of the time, date and venue of the hearing. I further note that the Complainant made no application to adjourn the hearing in advance of the same. Furthermore, no explanation was provided regarding the Complainant’s absence following the hearing.

Having regard to the foregoing, the matter proceeded in the absence of the Complainant.

Summary of Respondent’s Case:

The Respondent did not attend the hearings as scheduled. Having reviewed the file I am similarly satisfied that the Respondent was aware of the time, date and venue of the hearing.

Findings and Conclusions:

In circumstances whereby the Complainant did not attend the hearing to prosecute 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: 22nd November 2022

Workplace Relations Commission Adjudication Officer: Brian Dolan

Key Words:

Non-attendance