ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048923
Parties:
| Complainant | Respondent |
Parties | Nicholas Raithby | Newark Cycles Ltd |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Non- Attendance | Simon Lile, Director |
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-00060107-001 | 19/11/2023 |
Date of Adjudication Hearing: 27/08/2024
Workplace Relations Commission Adjudication Officer: Conor Stokes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The Director of the respondent company attended the hearing, the complainant did not attend the hearing. |
Summary of Complainant’s Case:
The complainant did not attend the hearing of this matter. |
Summary of Respondent’s Case:
The Director of the respondent company attended the hearing and confirmed that the company is UK registered and operates a small retail outlet in the UK. He confirmed that the complainant was employed in the UK and not in Ireland. He also confirmed that the company has no connection with Ireland. |
Findings and Conclusions:
The Director of the respondent company attended the hearing and confirmed that the company is UK registered and operates a small retail outlet in the Midlands area of the UK. He confirmed that the complainant was employed in the UK and not in Ireland. He also confirmed that the company has no connection whatsoever with Ireland. On the basis of the foregoing, and in the absence of any evidence to the contrary, I am satisfied that company is not based in Ireland and I find that I have no jurisdiction to hear this 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.
Having regard to the fact that the respondent company is a UK based company with no connection to Ireland, and that the complainant was not employed in Ireland, my decision is that I have no jurisdiction to hear this complaint. |
Dated: 28-08-24
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Payment of Wages – respondent based in UK, no Irish Connection – no jurisdiction to hear complaint |