ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00039366

Parties:

	Complainant	Respondent
Parties	Andreas Bulmaga	Heco Construction Limited

Representatives

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-00050848-001	25/05/2022

Date of Adjudication Hearing: 13/01/2023

Workplace Relations Commission Adjudication Officer: Breiffni O'Neill

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.

Specifically, I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.

Although I am satisfied that he was on notice of the time and date of the hearing, the Complainant did not attend to give evidence on the day. The Respondent was in attendance.

This hearing was held in conjunction ADJ 39147, 39144 and 39149

Background:

The Complainant stated on his complaint form that he began work with the Respondent on 3 February 2022. He alleged that he was underpaid in the amount of €1,900 in the period prior to his departure on 3 March 2022.

Summary of Complainant’s Case:

The Complainant did not attend to give evidence on the day of the hearing.

Summary of Respondent’s Case:

As the Complainant did not attend to give evidence on the day of the hearing, the Respondent did not give evidence in relation to his complaint.

Findings and Conclusions:

In circumstances where the Complainant did not attend to give evidence, I must find that the complaint 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.

The complaint is not well founded for the reasons set out above.

Dated: 4th April 2023

Workplace Relations Commission Adjudication Officer: Breiffni O'Neill

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