ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00039877
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | A Government Agency |
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-00051296-001 | 24/06/2022 |
Date of Adjudication Hearing: 27/02/2023
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.
Although the Respondent was present on the day of the hearing along with their representative, the Complainant did not attend. I subsequently checked the file and was satisfied that he was sent email correspondence on January 18th 2023 which contained the time and date of the hearing, having agreed on 24 September 2022 for the WRC to serve notice to him via email at his stated email address.
Notwithstanding this agreement however, the Complainant, after being informed via email from the WRC on 4 March 2023 that the hearing had proceeded on 27 February 2023, stated by email reply on 6 March 2023 that he “never got that email notification, or it went into spam and was inadvertently deleted” and via email on 8 March 2023 sought to re-schedule the hearing.
Given that he had agreed to accept correspondence by email on 24 September 2022 and that the notification of hearing had been sent to the email address which he had provided on that day, I am satisfied that the Complainant was properly notified of the hearing but did not attend.
As there is legislation which prevents the identification of the Complainant given the sensitivity of his role, I have anonymised the names of the parties.
Background:
In his complaint form, the Complainant stated that the Respondent did not pay him an allowance that he was entitled to. |
Summary of Complainant’s Case:
The Complainant did not attend on the day of the hearing to give evidence. |
Summary of Respondent’s Case:
As the Complainant did not attend, the Respondent did not give any evidence. |
Findings and Conclusions:
Given the failure of the Complainant to attend on the day of the hearing 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: 27-04-2023
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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