ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00051635
Parties:
| Complainant | Respondent |
Parties | Jefferson Ricardo Espindula | Swoboda Management Engineering Service Limited |
Representatives | Did not attend the hearing | Represented by a director |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00063410-001 | 11/05/2024 |
Date of Adjudication Hearing: 06/08/2024
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
This complaint was submitted to the WRC on May 11th 2024 and, in accordance with Section 41 of the Workplace Relations Act, it was assigned to me by the Director General. A hearing was arranged for August 6th 2024 at 9.30am, for the parties to present evidence in respect of the complaint. By 10.00am, the complainant, Mr Jefferson Espindula had not arrived and he did not telephone the WRC to explain his non-attendance. Having checked the case file, I am satisfied that, on June 26th 2024, Mr Espindula was informed in writing of the date and time at which the hearing to investigate his complaint under the Payment of Wages Act 1991 would be held and that he was also informed of the venue in which the hearing would take place.
On behalf of Swoboda Management Engineering Service Limited, a company director, Mr Marcin Swoboda, attended the hearing and presented a comprehensive response to Mr Espindula’s 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.
In the circumstances in which Mr Espindula did not attend the hearing, and in the absence of any evidence to the contrary having been submitted, I must conclude that this complaint is not well founded and I decide accordingly. |
Dated: 14th of August 2024
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
The complainant did not attend the hearing. |