ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00039407
Parties:
| Complainant | Respondent |
Parties | Gaurav Dudeja | Xs Direct Insurance Brokers Limited Xs Direct Holdings Limited |
Representatives | No Show | No show |
Complaint(s):
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-00050831-001 | 24/05/2022 |
Date of Adjudication Hearing: 02/03/2023
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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:
The Company is alleged to have unilaterally deducted pay that was properly payable to the Complainant. That deduction continued for several months. When the receiver was appointed to the property of the business, the alleged unlawful deduction of salary payments ceased. The Receiver has contacted the Commission and stated that the complaint is not a matter for them but maybe for a liquidator if appointed.
The Complainant subsequently wrote on the 13th of March 2023 (10 days after the hearing) to state that he was unwell. No sick certificate had been provided nor any application made prior to or on the day of the hearing. In the absence of evidence and failure to contact the Commission prior to the hearing, the late application post the hearing for a rehearing is not granted. |
Summary of Complainant’s Case:
The Complainant failed to attend at the hearing. |
Summary of Respondent’s Case:
The Respondent failed to attend at the hearing. |
Findings and Conclusions:
I am satisfied that the Complainant and the Respondent were notified of the date, time, and place of the hearing. The Complainant consented to being contacted by electronic notification. In these circumstances I must find that the Complainant has not made out his case concerning an unlawful deduction in pay and determine that the complaint is not well founded. |
Decision:
I am satisfied that the Complainant and the Respondent were notified of the date, time, and place of the hearing. The Complainant consented to being contacted by electronic notification. In these circumstances I must find that the Complainant has not made out her case concerning an unlawful deduction in pay and determine that the complaint is not well founded. |
Dated: 23rd March 2023
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No show -Payment of Wages |