ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046512
Parties:
| Complainant | Respondent |
Parties | James McGillicuddy | Wojciech Kasinski Connemara Motors |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives |
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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-00053684-001 | 10/11/2022 |
Date of Adjudication Hearing: 08/09/2023
Workplace Relations Commission Adjudication Officer: Louise Boyle
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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 hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020, which designated the Workplace Relations Commission as a body empowered to hold remote hearings.
The complainant did not attend. Parties were advised in advance of the hearing that following the delivery of a judgement of the Supreme Court in Zalewski v Adjudication Officer and WRC, Ireland and the Attorney General [2021] IESC 24 that the hearing would be held in public, that an Adjudication Officer may take evidence under oath or affirmation and reminded that cross examination was permitted. Where submissions were received, they were exchanged. Ms Marta Kasinska and Mr Wojciek Kasinski attended for the respondent.
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Background:
The complainant did not attend the hearing. The complainant submitted in his complaint form that the respondent owed him monies. |
Summary of Complainant’s Case:
The complainant did not attend the hearing. In his complaint form the complainant submitted that he is owed monies for holidays and wages. |
Summary of Respondent’s Case:
The respondent attended the hearing. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission from the complainant on 10/11/22 alleging contravention of the Act. The said complaint was referred to me for investigation. A hearing for that purpose was held on 08/9/2023 and there was no appearance by the complainant. I am satisfied that the said complainant was informed of the date, time and place at which the hearing to investigate the complaint would be held and did not attend.
In the circumstances, I do not find the complaint well founded and must dismiss the complaint. |
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 note that the complainant did not attend the hearing. In the circumstances, I do not find the complaint well founded and must dismiss the complaint. |
Dated: 9th October 2023
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Payment of wages, complainant did not attend. |