ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00045427

Parties:

Complainant

Respondent

Parties

Junior Bidaga

OCS One Complete Solution Ltd. (formerly Atalian Servest Ltd.)

[Name changed on Consent]

	Complainant	Respondent
Anonymised Parties	No appearance	Self-represented

Complaints:

Act	Complaint 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-00056208-001	20/04/2023
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00056208-002	20/04/2023
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00056208-003	20/04/2023

Date of Adjudication Hearing: 11/03/2024

Workplace Relations Commission Adjudication Officer: Lefre de Burgh

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.

Background:

The Complainant was formerly employed by a company bought out by the Respondent (acquiring both its assets and liabilities). The former company, as part of that merger, has since ceased trading.

The Respondent attended the hearing, and consented to name of the Respondent being changed on this adjudication decision, accepting jurisdiction in relation to this claim.

The Complainant submits, as per his complaint form, that he worked as a carpark security attendant from 27/10/22 to 27/12/22.

The Complainant alleges that his former employer breached the Payment of Wages Act 1991 and the Terms of Employment (Information) Act 1994, in relation to him.

Summary of Complainant’s Case:

The Complainant did not attend the adjudication hearing and was not represented.

Summary of Respondent’s Case:

The Respondent attended the Adjudication hearing.

Findings and Conclusions:

The complaints were received by the Director General of the Workplace Relations Commission on 20th April 2023, whereby the Complainant alleged that his former employer contravened the provisions of the Payment of Wages Act 1991 and the Terms of Employment (Information) Act, 1994 in relation to him.

The complains were assigned the complaint application numbers CA-00056208-001, CA-00056208-002 and CA-00056208-003 respectively.

The said complaints were referred to me for investigation. A hearing for that purpose was arranged on 11th March 2024.

There was no appearance by or on behalf of the Complainant, at the hearing.

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.

In all the circumstances of the matter, I must conclude that the within complaints (CA-00056208-001, CA-00056208-002 and CA-00056208-003) are not well-founded and I decide accordingly.

Dated: 17/05/2024

Workplace Relations Commission Adjudication Officer: Lefre de Burgh

Key Words:

Payment of Wages; Terms of Employment; No appearance;