ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00050286

Parties:

	Complainant	Respondent
Parties	Eric Barente	HCL

Representatives

Did not attend

Complaint:

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-00061771-001	26/02/2024

Date of Adjudication Hearing: 21/11/2024

Workplace Relations Commission Adjudication Officer: Andrew Heavey

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 was available to enquire into the complaint and give the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The complaint alleges a breach of the Payment of Wages Act, 1991.

Summary of Complainant’s Case:

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

Summary of Respondent’s Case:

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

Findings and Conclusions:

The complaint was received by the Director General of the Workplace Relations Commission on 26th February 2024 whereby the complainant alleged that his former employer contravened the provisions of the Payment of Wages Act, 1991 in relation to him. The complaint was assigned the complaint application number CA-00061771-001.

The said complaint was referred to me for investigation. A hearing for that purpose was arranged for 16th May 2024 and the complainant did not attend. As there was some doubt whether the complainant received notification of the hearing, a further hearing was scheduled for 21st November 2024. The complainant was notified of the date, time and venue of the adjudication hearing but did not attend. The respondent was also not in attendance at the hearing. The complainant had been corresponding with the respondent in relation to his complaint in advance of the hearing and had been copying the WRC on his interactions.

I am satisfied that the complainant was on notice of the adjudication hearing and chose not to attend. On that basis, I find that the complaint cannot succeed.

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 all of the circumstances of the matter, I must conclude that the within complaint (CA-00061771-001) is not well-founded and I decide accordingly.

Dated: 3rd of December 2024

Workplace Relations Commission Adjudication Officer: Andrew Heavey

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