ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048909
Parties:
| Complainant | Respondent |
Parties | Muzammal Abbas | Royal Thai Cuisine Limited |
Representatives | Did not attend | Did not attend |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00053098-001 | 03/10/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00053098-002 | 03/10/2022 |
Date of Adjudication Hearing: 30/01/2024
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Acts, 1998 - 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 complaints were submitted to the Workplace Relations Commission on 3rd October 2022 and relate to alleged breaches of the Employment Equality Act, 1998 and 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 complaints were received by the Director General of the Workplace Relations commission on 3rd October 2022 whereby the complainant alleged that his former employer contravened the provisions of the Employment Equality Act, 1998 and the Payment of Wages Act, 1991 in relation to him. The complaints were assigned the complaint application numbers CA-00053098-001 and CA-00053098-002 respectively. The complaint reference CA-00053098-001 was withdrawn by the complainant by email dated 22nd November 2023. The said complaints were referred to me for investigation. A hearing for that purpose was arranged for 30th January 2024. To facilitate the late arrival of the parties at the adjudication hearing, I delayed the commencement of the hearing by approximately 30 minutes. There was no appearance by or on behalf of either party and no contact had been made in advance of the commencement of the hearing or afterwards. I am satisfied that both parties were on notice of the date, time and venue of the adjudication hearing and chose not to attend. It may be the case that matters between the parties have been resolved as the subject matter of the within complaint was submitted previously as an industrial relations dispute and was heard by a different adjudication officer. A recommendation has already issued to the parties in relation to that referral. In relation to the within complaint, as neither party attended the adjudication hearing, I find that the complaint does not 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-00053098-002) is not well-founded and I decide accordingly. |
Dated: 01st February 2024
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Non-attendance at hearing |