ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048385
Parties:
| Complainant | Respondent |
Parties | Niamh Browne | Allied Healthcare |
Representatives | No appearance | No appearance |
Complaints:
Acts | 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-00059603-001 | 25/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00059603-002 | 25/10/2023 |
Date of Adjudication Hearing: 27/02/2024
Workplace Relations Commission Adjudication Officer: Moya de Paor
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.
Background:
The WRC received two complaints from the Complainant on the 25/10/2023 under Section 6 of the Payment of Wages Act 1991 and Section 7 of the of the Terms of Employment (information) Act 1994.
The Complainant was employed as a recruitment consultant with the Respondent. The Complainant provided an email address and consented to the Workplace Relations Commission communicating with her by electronic mean. |
Summary of Complainant’s Case:
The Complainant failed to attend at the hearing. |
Summary of Respondent’s Case:
The Respondent failed to attend at the hearing. The nominated person on behalf of the Respondent contacted the WRC by email on the 26/1/2024 acknowledging receipt of the hearing letter dated 17/1/2024 and informing the WRC that all operations within the respondent company had closed due to huge losses and that the respondent company was no longer in existence. |
Findings and Conclusions:
I am satisfied that the Complainant was notified of the date, time, and place of the hearing. The Complainant was notified by email of the date, time, and place of the hearing on or about the 17/1/2024 at the email address provided by the Complainant. In her initial complaint application, the Complainant consented to email communication. Based on the contact details provided by the Complainant I determine that she was informed of the hearing date and place and failed to attend. I further note that since the hearing date there has been no contact from the Complainant to explain her failure to attend. In these circumstances I find against the Complainant as no case was presented by her and no evidence moved in support of her case. The Respondent was not in attendance. I declare that the complaint under Section 6 of the Payment of Wages Act 1991 and under Section 7 of the Terms of Employment Act 1994 are not well founded. |
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.
CA-00059603-001 I find against the Complainant as she did not attend the hearing, no case was presented by her, and no evidence was moved in support of her case. I declare that the complaint under Section 6 of the Payment of Wages Act 1991 is not well founded. CA-00059603-002 I find against the Complainant as she did not attend the hearing, no case was presented by her, and no evidence was moved in support of her case. I declare that the complaint under Section 7 of the Terms of Employment Act 1994 is not well founded. |
Dated: 31/05/2024
Workplace Relations Commission Adjudication Officer: Moya de Paor
Key Words:
No appearance by either party |