ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044190
Parties:
| Complainant | Respondent |
Parties | Pedro Saccon | Creo Mechanical Services Ltd |
Representatives | Did not attend | Company Director |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00054789-001 | 26/01/2023 |
Request for an investigation by a Workplace Relations Commission Inspector under the Payment of Wages Act, 1991. | CA-00054789-002 | 26/01/2023 |
Date of Adjudication Hearing: 14/12/2023
Workplace Relations Commission Adjudication Officer: Andrew Heavey
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 was available to inquire into the complaints and give the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complaints were received by the Workplace Relations Commission on 26th January 2023 and relate to alleged breaches of the Terms of Employment (Information) Act, 1994 and the Payment of Wages Act, 1991. |
Summary of Complainant’s Case:
The complainant did not attend the adjudication hearings to pursue his complaints. |
Summary of Respondent’s Case:
The respondent attended the adjudication hearing on 14th December 2023 and was prepared to put forward its position in relation to the complaints. |
Findings and Conclusions:
The complaints were received by the Director General of the Workplace Relations Commission (WRC) on 26th January 2023 whereby the complainant alleged that his former employer contravened the provisions of the Terms of Employment (Information) Act, 1994 and the Payment of Wages Act, 1991 in relation to him. The complaints were assigned the complaint application numbers CA-00054789-001 and CA-00054789-002, respectively. The said complaints were referred to me for investigation. A hearing for that purpose was initially arranged for 8th August 2023. There was no appearance by either party as the respondent was not properly on notice of the hearing as correspondence has issued to an incorrect postal address. The complainant did not attend the initial hearing and did not make contact with the WRC thereafter. A reconvened hearing was arranged for 14th December 2023 and two members of the respondent’s management attended the adjudication hearing. The commencement of the hearing was delayed by approximately 20 minutes to facilitate the late arrival of the complainant. There was no appearance by or on behalf of the complainant and the complainant has not made any further contact with the WRC since. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
In all of the circumstances of the matter, I must conclude that the within complaints (CA-00054789-001 and 002, are not well-founded and I decide accordingly. |
Dated: 15/12/2023
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Payment of Wages, Terms of employment |