ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054855
Parties:
| Complainant | Respondent |
Parties | Shannon Brady | Medilink Ambulance Service |
Representatives | None | None |
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-00066869-001 | 22/10/2024 |
Date of Adjudication Hearing: 01/04/2025
Workplace Relations Commission Adjudication Officer: Emile Daly
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 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:
This is a pay complaint under the Payment of Wages Act 1991 (PWA) |
Summary of Complainant’s Case:
No appearance by or on behalf of the Complainant at the Adjudication hearing on 1 April 2025 |
Summary of Respondent’s Case:
No appearance by or on behalf of the Respondent at the Adjudication hearing on 1 April 2025 |
Findings and Conclusions:
The Complainant failed to attend the first Adjudication hearings on 8 January 2025 (having been notified of the hearing by the WRC on 13 November 2025.) The Complainant again failed to attend the second hearing on 1 April 2025 (having been notified of the hearing on 30 January 2025.) Following her nonattendance on the 8 January the WRC contacted by the Complainant by phone. The Complainant apologised and advised that she had overlooked the hearing date and requested another hearing date, which was duly arranged and the parties were notified in writing. In advance of the second hearing date WRC staff emailed to the Complainant as she had not replied to their request for her witness list. The Complainant did not reply to this email. She did not request an adjournment. She did not attend the hearing on the 1 April 2025. The Respondent did not attend the hearing, having been sent a hearing notification for the first hearing on 13 November 2025 – albeit to an incorrect postal address – and having subsequently been sent a hearing notification to their correct postal address on 30 January 2025 in respect of the second hearing on 1 April 2025. This was followed up by a phone call by WRC in last week of March 2025 requesting the Respondent for their witness list. During that phone call the Respondent staff advised the WRC to send an email to the Respondent, which was duly done. No witness list was received from the Respondent. I am satisfied that both parties were on the notice of the hearing on 1 April 2025 and failed to attend. Finding I am satisfied that the Complainant was on notice of the hearing on 1 April 2025, this being the second listing of this Adjudication hearing. In the absence of any evidence being provided to prove this complaint, as the onus of proof is upon the Complainant, I find that the complaint is not well founded. |
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.
This complaint is not well founded |
Dated: 1st of April 2025
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Pay – no appearance |