ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054981
Parties:
| Complainant | Respondent |
Parties | Mark Toomey | Dealz |
Representatives | Did not attend | Dajana Sinik IBEC |
Complaint:
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-00067031-001 | 30/10/2024 |
Date of Adjudication Hearing: 09/01/2025
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
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.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359 of 2020, which designates the WRC as a body empowered to hold remote hearings.
At the adjudication hearing, the Respondent’s representative was advised that, in accordance with the Workplace Relations (Miscellaneous Provisions) Act 2021, hearings before the Workplace Relations Commission are now held in public and, in most cases, decisions are no longer anonymised. The parties are named in the heading of the decision. For ease of reference, the generic terms of Complainant and Respondent are used throughout the text and the Respondent’s employees are referred to by their job titles.
The Respondent did not attend the hearing. The Respondent was represented by Dajana Sinik, IBEC.
The Complainant did not attend the hearing. I have confirmed that the correspondence informing the Complainant of the arrangements for an in-person adjudication hearing issued on 16 December 2024 to the email address furnished by the Complainant. On 7 January 2025, the WRC emailed both parties seeking their consent to the hearing being held remotely due to hazardous weather conditions. The Complainant emailed the WRC on the same day consenting to the hearing being held by remote means. On 8 January 2025, the WRC confirmed to the Complainant that the hearing would be held remotely and that he was required to attend the hearing via WebEx instead of in-person attendance. It was further explained to the Complainant that he must have a device that would allow him to join the hearing remotely.
There was no attendance by, or on behalf of, the Complainant at the hearing. The WRC official contacted the Complainant by telephone. The Complainant stated that he thought the hearing was scheduled for the next day. The WRC official offered to delay the commencement of the hearing to allow the Complainant to join in. The Complainant declined and confirmed that he would not attend.
The hearing proceeded in the Complainant’s absence.
Background:
The Complainant referred his claim to the Director General of the WRC on 30 October 2024 alleging that the Respondent has not paid him or has paid him less than the amount due to him. |
Summary of Complainant’s Case:
There was no attendance by, or on behalf of, the Complainant at the adjudication hearing to pursue the claim. |
Summary of Respondent’s Case:
Ms Sinic, IBEC, on behalf of the Respondent attended the hearing to defend the claim. She stated that any outstanding payments were made to the Complainant. On 23 October 2024, the Respondent made a payment of €3,503.73 gross and on 31 October 2024, a further payment of €2,736.66 gross was made. |
Findings and Conclusions:
The Complainant referred his claim to the Director General of the WRC on 30 October 2024. An adjudication hearing for the purpose of investigation of his claim was scheduled for 9 January 2025. The Complainant did not attend at the adjudication hearing and offered no submission and /or evidence in support of his claim. |
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.
I declare this complaint to be not well founded. |
Dated: 30th of January 2025
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Key Words:
Complainant did not attend |