ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037068
Parties:
| Complainant | Respondent |
Parties | Nevan O'Connor | Instant Upright Ltd |
Representatives |
| Loughlin Deegan of ByrneWallace |
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-00047834-001 | 23/12/2021 |
Date of Adjudication Hearing: 07/02/2023
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
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:
This is a claim for the non-payment of commission due when his employment with the respondent came to an end. A hearing of the complaint was scheduled for 15 September 2022 and the complainant attended but the respondent did not attend. Shortly afterwards the respondent informed the WRC that the hearing notification had been sent to someone who left their employment. This was accepted and a new hearing was scheduled for 7 February 2023. Both parties were informed by email on 16 January 2023. The complainant acknowledged the hearing notification but did not attend the hearing. The respondent did attend the hearing. I am satisfied the complainant was on notice of the hearing on 7 February 2023. However, he did not attend and gave on reason for his non-attendance. |
Summary of Complainant’s Case:
The complainant did not attend the hearing. |
Summary of Respondent’s Case:
The respondent did attend the hearing and was prepared to put forward its position in relation to the complaint. |
Findings and Conclusions:
The complaint was referred to me for investigation. A hearing for that purpose was held on 7 February 2023. There was no appearance by the complainant. I am satisfied the complainant was informed in writing of the date, time and place of hearing. In these circumstances and in the absence of and evidence to the contrary I conclude that 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(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
In the circumstances set out above I decide that this complaint is not well founded. |
Dated: 24-02-2023
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
Key Words:
Non-attendance of complainant |