ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053916
Parties:
| Complainant | Respondent |
Parties | Liana Ogurcova | Mystify Limited |
Representatives | No Show | No Show |
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-00065761-001 | 03/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00065761-002 | 03/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00065761-003 | 03/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00065761-004 | 03/09/2024 |
Date of Adjudication Hearing: 06/01/2025
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 Complainant lodged several complaints against the Employer in early September 2024. The Complainant agreed to electronic communication. The claims relate to alleged withholding of pay and failure to pay for annual leave and public holiday entitlement.
The complaints appear not have been known about by the Employer and on the 22nd of October 2024 the employer writes to state that outstanding pay and other matters have been resolved and paid.
A hearing date was scheduled for the 6th of January 2025as the Complainant failed to contact the Commission to withdraw the complaints despite being copied with the Employer’s emails stating that all monies had been paid. Notification of the hearing was sent be electronic mail as agreed with the Complainant and at the email address provided. The Complainant failed to attend at the hearing. |
Summary of Complainant’s Case:
The Complainant failed to attend at the hearing and no case was put to the Respondent. |
Summary of Respondent’s Case:
The Respondent wrote to the Commission and stated that they were moving office and looked for the time and date of the hearing. They also failed to attend |
Findings and Conclusions:
The Complainant failed to attend at the hearing. I am satisfied that the Complainant was on notice of the date, time and place of the hearing. I must dismiss all complaints against the Respondent for failure to attend at the scheduled hearing. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00065761-001 Payment of Wages: The complaint is not well founded as no case was made out. CA-00065761-002 Payment of Wages: The complaint is not well founded as no case was made out. CA-00065761-003 Organisation Working Time: The complaint is not well founded as no case was made out. CA-00065761-004 Organisation Working Time: The complaint is not well founded as no case was made out. |
Dated: 27/01/2025
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No show |