ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00043823

Parties:

	Complainant	Respondent
Parties	Francis Donnelly	Milby Dales Limited

Representatives

N/A

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-00054149-001	15/12/2022

Date of Adjudication Hearing: 02/08/2023

Workplace Relations Commission Adjudication Officer: Elizabeth Spelman

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:

On 15 December 2022, the Complainant submitted a complaint to the Director General of the Workplace Relations Commission (the “WRC”), alleging that the Respondent contravened the Payment of Wages Act 1991, as revised.

Summary of Complainant’s Case:

There was no attendance by, or on behalf, of the Complainant to adduce any evidence in support of his complaint.

Summary of Respondent’s Case:

There was no attendance by, or on behalf, of the Respondent.

Findings and Conclusions:

On 15 December 2022, the complaint was referred to the Director General of the WRC. A Hearing was scheduled for 2 August 2023. On 28 June 2023, the Parties were notified of the Hearing arrangements by the WRC. The same letter also set out the procedure regarding postponement requests. Neither Party requested a postponement.

Shortly after the Hearing was scheduled to commence, the WRC called the Complainant to ascertain if he was attending. The Complainant stated that he could not attend the Hearing. He understood and accepted that a decision would be issued on the basis that neither Party was in attendance.

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.

This complaint is not well founded.

Dated: 04-08-2023

Workplace Relations Commission Adjudication Officer: Elizabeth Spelman

Key Words:

Payment of Wages Act 1991, Non-attendance.