ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037769
Parties:
| Complainant | Respondent |
Parties | Patrick Seanie Masibane | Bgs Security Limited |
Representatives |
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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-00049169-001 | 11/03/2022 |
Date of Adjudication Hearing: 25/10/2022
Workplace Relations Commission Adjudication Officer: John Harraghy
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.
The hearing was scheduled for 25/10/2022. There was no appearance by or on behalf of the complainant. There was no appearance by or on behalf of the respondent.
I am satisfied that the complainant was issued with a letter by e mail on 25/08/2022 advising him of the date and time of the hearing. Having reviewed the file I note that the complainant did not contact with the WRC in advance of the hearing to seek a postponement or to notify of any change to his e mail address. In order to exercise a significant amount of caution I allowed a period of time to elapse before bringing the hearing to a close and there was no further communication received from or on behalf of the complainant to indicate that there were any reasons for his non-attendance.
Background:
The complainant commenced employment with the respondent on 28/10/2021 a security officer. He resigned on 14/03/2022 and was paid €2050.00 gross per month. The complainant submits that he was not paid a tax refund of €2574.00 by the respondent and he did not receive any holiday pay and claims that he is owed €1025.20. The complainant submits on his complaint form that he was promised payment, but he never received any of these payments. |
Summary of Complainant’s Case:
The complainant had submitted a complaint to the Workplace Relations Commission on 11/03/2022 seeking adjudication by the Workplace Relations Commission under Section 6 of the Payment of Wages Act, 1991. There was no appearance by or on behalf of the complainant at the remote hearing to pursue this complaint and/or give evidence. The complainant made contact with the WRC the day after the hearing to say that he had mixed up his dates. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
As there was no appearance by or on behalf of the complainant at the hearing to pursue this complaint and/or give evidence in relation to this complaint I conclude that this complaint is not well founded. I am satisfied that the complainant was sent notice in writing to the e mail address which he used to engage with the WRC on a number of occasions. Having reviewed this notice I am satisfied that the complainant properly notified of the date, time, and location of the hearing. There is no ambiguity or error in relation to the notice of the arrangements for the hearing. This letter also set out in detail the process in relation to a postponement request. It was also confirmed that “It should be noted that a postponement of the Hearing will only be granted in exceptional circumstances and for substantial reasons”. I find that the complainant’s excuse that he mixed up the time of the hearing is not acceptable and does not constitute a substantial reason to reschedule this hearing. |
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 am satisfied that the complainant was properly notified of the hearing arrangements. I find that his non-attendance at the hearing, without any notification, to pursue this complaint to be unreasonable. In the absence of any evidence proffered by or on behalf of the Complaint seeking adjudication by the Workplace Relations Commission under Section 6 of the Payment of Wages Act, 1991, I find this complaint is not well-founded. |
Dated: 14-11-2022
Workplace Relations Commission Adjudication Officer: John Harraghy
Key Words:
Non-attendance |