ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00038269
Parties:
| Complainant | Respondent |
Parties
| Daniel Balasi | Ltl Limited |
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-00049652-001 | 12/04/2022 |
Date of Adjudication Hearing: 30/11/2022
Workplace Relations Commission Adjudication Officer: Elizabeth Spelman
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.
The Complainant did not attend the Hearing. Mr. Tom Duffy, an Owner / Managing Director of the Respondent, attended the Hearing in person, on behalf of the Respondent.
Background:
On 12 April 2022, the Complainant submitted a complaint to the Director General of the Workplace Relations Commission (the “WRC”), alleging that the Respondent contravened the Payment of Wages Act 1991, as revised. |
Summary of Complainant’s Case:
The Complainant did not attend the Hearing as scheduled. In a letter from the WRC dated 14 October 2022, the Complainant was informed of the date, time and place of the Hearing. The letter also set out the procedure regarding postponement requests. When the Complainant did not attend the Hearing on 30 November 2022, a grace period was allowed to enable the Complainant to attend or contact the WRC. The Complainant was then contacted by the WRC by telephone. The Complainant explained that he was out of the country and unable to attend the Hearing. The Complainant referred to his most recent email correspondence to the WRC. Having reviewed the file, I note that the Complainant did not request a postponement in the manner prescribed. Therefore, the Hearing date remained as scheduled. |
Summary of Respondent’s Case:
The Respondent attended the Hearing and advised that they were prepared to present their case. |
Findings and Conclusions:
On 12 April 2022, the Complainant submitted a complaint to the Director General of the WRC, alleging that the Respondent contravened the Payment of Wages Act 1991, as revised. I am satisfied that the Complainant was informed in writing of the date, time and place of the Hearing. However, there was no appearance by or on behalf of the Complainant at the Hearing. In the circumstances, I must conclude 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.
The complaint is not well founded. |
Dated: 05/01/2023
Workplace Relations Commission Adjudication Officer: Elizabeth Spelman
Key Words:
Non-attendance. |