ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00036989

Parties:

	Complainant	Respondent
Parties	Tudor Borta	Kola Express Limited

Representatives

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-00048315-001	25/01/2022

Date of Adjudication Hearing: 12/09/2022

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.

Despite having been notified of the time and date of the hearing, neither party attended on the day to give evidence.

Background:

The Complainant worked with the Respondent from 27 September 2021 until 24 January 2022. He stated on his complaint form that he did not receive the holiday pay he was entitled to for the period.

Summary of Complainant’s Case:

The Complainant did not attend on the day to give evidence.

Summary of Respondent’s Case:

The Respondent did not attend on the day to give evidence.

Findings and Conclusions:

In the absence of any evidence having been presented by the Complainant on the day of the hearing, 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.

I find that the complaint is not well founded for the reasons set out above.

Dated: 13th February 2023

Workplace Relations Commission Adjudication Officer: Breiffni O'Neill

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