ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049796
Parties:
| Complainant | Respondent |
Parties | Fanel Lingurar | Vincent Site Manager |
Representatives |
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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-00061098-001 | 19/01/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000 | CA-00061098-002 | 19/01/2024 |
Date of Adjudication Hearing: 03/07/2024
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 25 of the Equal Status Act, 2000, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
The matter was heard by way of remote hearing on 3 July 2024, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.
CA 00061098-001 Complaint under the Payment of Wages Act,1991.
Section 41 of the Workplace Relations Act, 2015, Presentation of complaints and referral of disputes, provides:
(9) (a) A complaint to which this section applies shall be presented to the Director General under subsection (1) by giving notice thereof in writing to the Director General and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister.
(b) A dispute to which this section applies shall be referred to the Director General under subsection (2) by giving notice thereof in writing to the Director General and the notice shall contain such particulars and be in such form as may be specified from time to time by the Minister.
(c) The Director General shall cause a copy of the notice under paragraph (a) or (b) to be given to the other party to the complaint or dispute concerned.
The Complainant failed to provide sufficient particulars in his Complaint Form to identify a Respondent.
Section 42 of the Act, provides:
(1) An adjudication officer may, at any time, dismiss a complaint or dispute referred to him or her under section 41 if he or she is of the opinion that it is frivolous or vexatious.
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.
I dismiss this complaint.
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CA 00061098-002 Complaint under the Equal Status Act,2000.
The Complainant failed to provide sufficient details in his Complaint Form to identify a Respondent.
Section 22 of the 2000 Act provides:
22.—(1) The Director of the Workplace Relations Commission may dismiss a claim at any stage if of opinion that it has been made in bad faith or is frivolous, vexatious or misconceived or relates to a trivial matter.
(2) Not later than 42 days after the Director of the Workplace Relations Commission dismisses a claim under this section, the complainant may appeal against the decision to the Circuit Court on notice to the Director of the Workplace Relations Commission specifying the grounds of the appeal.
(3) On appeal the Court may affirm or quash the decision.
(4) No further appeal lies, other than an appeal to the High Court on a point of law.
I find this complaint to be misconceived.
Decision:
Section 25 of the Equal Status Acts, 2000 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.
The complaint is misconceived, and I dismiss it. |
Dated: 10th July 2024.
Workplace Relations Commission Adjudication Officer: Roger McGrath
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