ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00040053

Parties:

	Complainant	Respondent
Parties	Mamoudou Bah	Brewbakers Cafe

Representatives

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Paul Murray Brewbaker Cafe

Complaint(s):

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-00052236-001	14/08/2022

Date of Adjudication Hearing: 07/03/2023

Workplace Relations Commission Adjudication Officer: Brian Dalton

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 worked as an assistant at the café and alleged that he was sent home after 3 days without getting paid. The employee stated that the payment was due on the 29th of July 2022. The Complainant stated that he was owed €288.

The Respondent denied the complaint and stated that all monies that were due were properly paid.

Summary of Complainant’s Case:

The Complainant failed to attend at the hearing.

Summary of Respondent’s Case:

The Respondent attended at the hearing and was ready to rebut the allegation made against them.

Findings and Conclusions:

I am satisfied that the Complainant was properly notified of the date, time, and place of the hearing. The Complainant was notified of the date, time, and place of the hearing at the address provided on the complaint form by letter dated 25th of January 2023. The Complainant failed to attend.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

In these circumstances where the Complainant has failed to attend at the hearing and where the Respondent has attended and is ready to rebut the allegation being made against them, I must determine that the Complaint is not well founded.

Dated: 20th April 2023

Workplace Relations Commission Adjudication Officer: Brian Dalton

Key Words:

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