ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00050718

Parties:

	Complainant	Respondent
Parties	Luke Pearson	Cuddle Comfort Foods Ltd. Cuddle Comfort Foods Ltd.

	Complainant	Respondent
Parties	Luke Pearson	Cuddle Comfort Foods Ltd

Representatives

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Complaint(s):

Act	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-00061780-001	26/02/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00061780-004	26/02/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00061780-005	26/02/2024

Date of Adjudication Hearing: 12/02/2025

Workplace Relations Commission Adjudication Officer: Brian Dalton

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).

Background:

The first hearing was held in August 2024. At the hearing the Complainant was advised that due to the irregular nature of the payments made in cash and where no pay slips were provided, a case concerning alleged unlawful deductions was problematic without any evidence. He was advised to contact Revenue having regard to the statutory obligations on the employer to make the appropriate deductions.

To date no further engagement has taken place on the complaints.

To progress the matter and in the absence of any communication another hearing was scheduled.

At the last day, the Respondent failed to attend.

At the second hearing neither party attended.

Summary of Complainant’s Case:

The Complainant failed to attend on his complaint form he alleged that:

CA-00061780-001

When I left the company, I was owed over 8,000 euro in wages and expenses. I have been given 4000 euro since my departure in dribs and drabs by Mr. Kane. I was never paid on time throughout my employment.

CA-00061780-004

never received any holiday pay and as i never received a payslip i was unable to get such information

CA-00061780-005

I gave the legal required notice and did not get any money off the company for weeks and my notice was served.

The matters referred cannot be adjudicated upon as the Complainant failed to turn up at the second day of hearing.

Summary of Respondent’s Case:

The Respondent failed to attend at the first and second day of hearing.

Findings and Conclusions:

As the Complainant has failed to attend at the second day of hearing the case cannot proceed and I must dismiss the claims for failing to attend.

I am satisfied as he was at the first day of hearing when he attended that he was properly notified about the second day of hearing.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

CA-00061780-001 Payment of Wages

As the Complainant failed to attend, I must find that the complaint is not well founded.

CA-00061780-004 Organisation of Working Time Act

I never received any holiday pay and as i never received a payslip i was unable to get such information.

As the Complainant failed to attend, I must find that the complaint is not well founded.

CA-00061780-005 Payment of Wages:

I gave the legal required notice and did not get any money off the company for weeks and my notice was served.

As the Complainant failed to attend, I must find that the complaint is not well founded.

Dated: 17-02-25

Workplace Relations Commission Adjudication Officer: Brian Dalton

Key Words:

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