ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00043860
Parties:
| Complainant | Respondent |
Parties | Pawel Duralak | Olivers Car Services Car Mechanic Company |
Representatives |
| Ronan Brennan Brennan & Co. LLP Solicitors |
Complaints:
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-00054170-001 | 16/12/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00054172-001 | 16/12/2022 |
Date of Adjudication Hearing: 03/07/2023
Workplace Relations Commission Adjudication Officer: Louise Boyle
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
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.
Parties in attendance were advised 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 this hearing before the Workplace Relations Commission would be held in public and that this decision would not be anonymised and there was no objection to same. Parties were advised also that evidence given would be given under oath or affirmation. The complainant did not attend and in attendance for the respondent was Ian Oliver. A translator was also in attendance.
Background:
The complainant submitted that there were monies owed to him. The complainant did not attend the hearing. The respondent attended the hearing.
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Summary of Complainant’s Case: CA-00054170-001
The complainant did not attend the hearing. Contact was made with the complainant by the WRC before the hearing and the complainant never logged on to the hearing. The complainant submits on his claim form that he is owed monies of €1,680, €1,960 and €840 effective 26/11/22. |
Summary of Respondent’s Case: CA-00054170-001
The respondent denied the complaints. |
Findings and Conclusions: CA-00054170-001
A complaint was received by the Director General of the Workplace Relations Commission from the complainant on 16/12/22 alleging contravention of the Act. The said complaint was referred to me for investigation. A hearing for that purpose was held on 03/07/2023 and there was no appearance by the complainant. The respondent attended the hearing and refuted the claims. I am satisfied that the said complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held and did not attend.
The complainant submits that the employer has not paid him or has paid him less than the amount due to him to the amounts of €1,680, €1,960 and €840 effective 26/11/22. The complainant did not attend the hearing
In the circumstances, I find that the complaint is not well founded, and I dismiss the complaint. |
Summary of Complainant’s Case: CA-00054172-001
The complainant did not attend the hearing. Contact was made with the complainant by the WRC before the hearing and the complainant never logged on to the hearing. The complainant submits on his claim form that he is owed monies of €2,100, €1,400 and €840 effective 10/12/22. |
Summary of Respondent’s Case: CA-00054172-001
The respondent denied the complaints. |
Findings and Conclusions: CA-00054172-001
A complaint was received by the Director General of the Workplace Relations Commission from the complainant on 16/12/22 alleging contravention of the Act. The said complaint was referred to me for investigation. A hearing for that purpose was held on 03/07/2023 and there was no appearance by the complainant. The respondent attended the hearing and refuted the claims. I am satisfied that the said complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held and did not attend.
The complainant submits that the employer has not paid him or has paid him less than the amount due to him and the amounts owed are €2,100, €1,400 and €840 effective 10/12/22. The complainant did not attend the hearing
In the circumstances, I find that the complaint is not well founded, and I dismiss the complaint. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00054170-001 I find that in all the circumstances, the complaint is not well founded, and I dismiss the complaint. CA-00054172-001 I find that in all the circumstances, the complaint is not well founded, and I dismiss the complaint. |
Dated: 8th September 2023
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Payment of wages, complainant did not attend, |