ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00039925

Parties:

	Complainant	Respondent
Parties	Martin Faleye	Fallon & Byrne

Representatives

Conor Kirwan

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-00051697-001	13/07/2022

Date of Adjudication Hearing: 26/04/2023

Workplace Relations Commission Adjudication Officer: Marie Flynn

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:

A complaint was received by the Director General of the Workplace Relations Commission from Martin Faleye on 13 July 2022 alleging that Fallon & Byrne contravened the provisions of the Payment of Wages Act 1991 in relation to him. The said complaint was referred to me for investigation. A hearing for that purpose was held on 26 April 2023.

Summary of Complainant’s Case:

The Complainant did not attend the adjudication hearing.

Summary of Respondent’s Case:

The Respondent attended the adjudication hearing.

Findings and Conclusions:

There was no appearance by or on behalf of the Complainant at the hearing. I am satisfied that the Complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held.

In these circumstances, and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well founded and I decide accordingly.

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.

I decide that this complaint is not well founded.

Dated: 9th May 2023

Workplace Relations Commission Adjudication Officer: Marie Flynn

Key Words:

No appearance by the Complainant. Not well founded.