ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049625
Parties:
| Complainant | Respondent |
Parties | Giorgi Zurabashvili | Target Tradesmen Limited |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Did not attend the hearing | Did not attend the hearing |
Complaint(s):
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-00060961-001 | 12/01/2024 |
Date of Adjudication Hearing: 05/04/2024
Workplace Relations Commission Adjudication Officer: Christina Ryan
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:
The complaint was received by the Workplace Relations Commission (hereinafter referred to as “the WRC”) on the 12th January 2024. The WRC notified the Respondent and enclosed a copy of the complaint on the 19th January 2024. A hearing was scheduled for the 5th April 2024. There was no attendance at the hearing by, or on behalf of, the Complainant or the Respondent. The envelope containing the notice of hearing addressed to the Respondent was returned to the WRC on the 4th April 2024. No communication was received from the Complainant to give a reason for his non-attendance. |
Summary of Complainant’s Case:
The Complainant did not attend the scheduled hearing of this complaint. Notice of the hearing arrangements was sent to the Complainant on the 15th March 2024. No explanation for the Complainant’s non-attendance at the hearing has been received by the WRC. |
Summary of Respondent’s Case:
The Respondent did not attend the scheduled hearing of this complaint. The WRC notified the Respondent that the complaint had referred a complaint under the Payment of Wages Act 1991 and enclosed a copy of the complaint on the 19th January 2024. The envelope containing the said letter was returned to the WRC marked “Unknown at this address” on the 31st January 2024. Notice of the hearing arrangements was sent to the Respondent on the 15th March 2024. The envelope containing the notice of hearing was returned to the WRC on the 4th April 2024 marked “Unknown at this address”. |
Findings and Conclusions:
A complaint pursuant to the Payment of Wages Act 1991 was received by the WRC on the 12th January 2024. The said complaint was referred to me for investigation. A hearing for that purpose was arranged for the 5th April 2024. There was no attendance by either party at the hearing. The WRC notified the Respondent that the complaint had referred a complaint under the Payment of Wages Act 1991 and enclosed a copy of the complaint on the 19th January 2024. The envelope containing the said letter was returned to the WRC marked “Unknown at this address” on the 31st January 2024. Notice of the hearing arrangements was sent to the Respondent on the 15th March 2024. The envelope containing the notice of hearing was returned to the WRC on the 4th April 2024 marked “Unknown at this address”. 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 the circumstances and in the absence of direct evidence, I must conclude that the complaint is not well-founded. |
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.
For the reasons given above, I find that the complaint is not well-founded and I decide accordingly. |
Dated: 11/04/2024
Workplace Relations Commission Adjudication Officer: Christina Ryan
Key Words:
Non-Attendance |