ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044439
Parties:
| Complainant | Respondent |
Parties | Roman Wielinski | Derry Court Cleaning Specialists |
Representatives |
| Hugh Hegarty, Management Support Services (Ireland) Ltd |
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-00054962-001 | 09/02/2023 |
Date of Adjudication Hearing: 06/07/2023
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 complaints 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.
The Complainant did not attend the hearing to give evidence. The Respondent, along with their representative, was in attendance remotely.
Background:
The Complainant stated in his complaint form that he was employed as a Cleaner with the Respondent and was paid €1,178 net per fortnight. Following a transfer of his employment under the TUPE Regulations, the Complainant received an increase in his pay. However, the Respondent claimed that this pay increase was made in error and subsequently deducted the amounts without the Complainant's consent. The Complainant stated in the complaint form that this deduction was unlawful. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing to give evidence. |
Summary of Respondent’s Case:
As the Complainant did not attend the hearing, the Respondent did not give evidence. |
Findings and Conclusions:
In the absence of any evidence having been presented by the Complainant on the day of the hearing, I find that this 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.
I find that this complaint is not well founded for the reasons set out above. |
Dated: 15th August, 2023
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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