ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046172
Parties:
| Complainant | Respondent |
Parties | Mariusz Chrapczynski | Jakub Kowalkowski |
Representatives | Not present | Not present |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00040363-001 | 12/10/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00040363-002 | 12/10/2020 |
Date of Adjudication Hearing: 30/8/2023
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following 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.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for. The Hearing too place completely in public,
Background:
The Complainant submitted a complaint that he did not receive a statement of his terms of employment and that he was due holiday pay since 2019. |
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.
A Complaint was received by the Director General of the Workplace Relations Commission by the Complainant on October 12th 2020 alleging that his employer former employer contravened the provisions of the Terms of Employment (information) Act 1994 and the Payment of Wages Act 1991 in relation to him. The said complaints were referred to me for investigation. A Hearing for that purpose was held on August 30th 2023. There was no appearance by or on behalf of the Complainant or the Respondent at the Hearing. I am satisfied that the said Complainant and Respondent were informed in writing of the date, time and place at which the Hearing to investigate the complaints would be held and were not present at the Hearing. In the absence of any evidence to support the complaints I deem both complaints to be not well founded. (CA-00040363-001 and CA-00040363-002) |
Dated: 12/09/2023
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
No show by either party. |