ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00034189
Parties:
| Complainant | Respondent |
Parties | Sean Hurley | JTC Distribution Limited |
Representatives | Did not attend | Managing Director |
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-00045165-001 | 12/07/2021 |
Date of Adjudication Hearing: 12th April 2022, 9th August 2022 and 10th January 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 complaint to me by the Director General, I was available to inquire into the complaint and to give the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complaint was submitted to the Workplace Relations Commission on 12th July 2021 and alleges breaches of the Payment of Wages Act, 1991. The matter was due to be heard remotely using the Webex platform on Tuesday 12th April 2022 at 10.30am. Having been notified of the time and date of the hearing by email, the complainant did not attend on the day. The hearing concierge tried to make contact with the complainant by telephone but was unsuccessful and left a voicemail for the complainant to contact her. Having waited 15 minutes for the complainant to join the meeting, I formed the view that the complainant would not be in attendance. After the hearing had concluded I became aware that the details of the hearing had been sent to an incorrect email address. On that basis the hearing was rescheduled to take place on 9th August 2022. On the second occasion the complainant was notified of the hearing date and time to the same incorrect email address. This was due to the difficulty in reading the handwritten email address that was entered on the complaint form. The complainant did not attend the rescheduled hearing and again the hearing concierge was unable to make contact with the complainant. The hearing was rescheduled to the 10th January 2022 and on this occasion the notification was sent to the correct email address. The complainant did not attend, was not contactable and did not respond to the voicemail left for him by the hearing concierge. The complainant has made no further contact with the WRC since the adjudication hearings. |
Summary of Complainant’s Case:
The complainant did not attend the adjudication hearings and was not represented. |
Summary of Respondent’s Case:
The respondent attended the adjudication hearings and was prepared to put forward its position in relation to the complaint. |
Findings and Conclusions:
The complaint was received by the Director General of the Workplace Relations commission on 12th July 2021 whereby the complainant alleged that the respondent breached the Payment of Wages Act, 1991 in relation to his employment. The complaint was assigned the complaint application number CA-00045165-001. The said complaint was referred to me for investigation. A hearing for that purpose was arranged for 12th April 2022, 9th August 2022 and 10th January 2023. There was no appearance by or on behalf of the complainant at the hearings. |
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.
In all of the circumstances of the matter, I must conclude that the within complaint (CA-00045165-001 is not well-founded and I decide accordingly. |
Dated: 17th January 2023
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Non-attendance at hearing |