ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00036355
Parties:
| Complainant | Respondent |
Parties | Mark Egelman | Kirby External Insulations Limited |
Representatives |
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Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00047499-001 | 05/12/2021 |
Date of Adjudication Hearing: 11/05/2023
Workplace Relations Commission Adjudication Officer: Kara Turner
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.
I adjourned a hearing convened on 29 September 2022 as I was not satisfied that the respondent had been properly notified of the hearing arrangements and further because an interpreter was required for the complainant.
The rescheduled hearing was arranged for 11 May 2023.
Background:
The complainant submitted a complaint to the Workplace Relations Commission on 5 December 2021. The Commission notified the respondent of the complaint on 14 December 2021.
There was no attendance by, or on behalf of, the complainant or the respondent at the hearing arranged for 11 May 2023.
No communication was received from either party to explain their non-attendance at the hearing. |
Summary of Complainant’s Case:
The complaint referred to the Commission related to non-payment of wages. The complainant did not attend the hearing arranged for 11 May 2023. No explanation for the complainant’s non-attendance has been received by the Commission. |
Summary of Respondent’s Case:
The respondent did not attend the hearing arranged for 11 May 2023. |
Findings and Conclusions:
The complaint under the Payment of Wages Act 1991 was referred to me for adjudication. There was no attendance by either party at the hearing on 11 May 2023. It was necessary for the complainant to attend the hearing in pursuit of his claim. I am satisfied that the complainant was properly notified of the hearing arrangements for 11 May 2023. I note also that the complainant did not engage with the Commission further to a communication regarding an interpreter. In the circumstances and in the absence of any evidence to the contrary, 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.
For the reasons outlined above, I find that the complaint is not well-founded. |
Dated: 13th June 2023
Workplace Relations Commission Adjudication Officer: Kara Turner
Key Words:
Payment of Wages Act – No attendance |