ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050152
Parties:
| Complainant | Respondent |
Parties | Veronica Kelly | Health Service Executive |
Representatives | Did not attend | Internal Representation |
Complaints:
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-00052752-002 | 09/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00052752-003 | 09/09/2022 |
Date of Adjudication Hearing: 16/07/2024
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the 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 and dispute.
Background:
The complainant submitted two issues to the adjudication services of the Workplace Relations Commission (WRC) on the 9th September 2022. The issues concern alleged breaches of the Payment of Wages Act, 1991. |
Summary of Complainant’s Case:
There was no attendance by or on behalf of the complainant at the adjudication hearing. |
Summary of Respondent’s Case:
The respondent attended the adjudication hearing to address the complaints submitted by the complainant. |
Findings and Conclusions:
Complaints were submitted to the Director General of the Workplace Relations Commission (WRC) on 9th September 2022 whereby the complainant alleged that her former employer contravened the provisions of the Payment of Wages Act, 1991 in relation to her. These complaints were assigned the complaint application numbers CA-00052752-002 and CA-00052752-003 respectively. The said issues were referred to me for investigation. A remote hearing for that purpose was arranged for 16th July 2024 on the Webex platform. There was no appearance by or on behalf of the complainant at the adjudication hearing. On the afternoon of 15th July 2024, the complainant confirmed her attendance at the adjudication hearing. On the morning of the adjudication hearing the complainant stated in an email at 07.54am that she had an emergency the previous evening and would not be in attendance. The complainant was advised in an email response at 08.06am that she was required to provide written confirmation of her inability to attend and to seek a postponement of the hearing in those circumstances. The complainant was also advised that not seeking a postponement and not attending the adjudication hearing may result in a decision stating that the complaints had not been pursued. There was no further contact from the complainant prior to the adjudication hearing commencing at 10.45am, the commencement time having been delayed by 15 minutes to facilitate the late arrival of the complainant. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
As there was no attendance at the adjudication by or on behalf of the complainant to pursue the matter, I find that the complaints are not well founded. |
Dated: 29th July 2024.
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Non-attendance at hearing |