ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00051758
Parties:
| Complainant | Respondent |
Parties | Michael O Callaghan | Ads Construction Analog Digital Security System |
Representatives |
| Eamonn Dillon Dillon D'Arcy Solicitors |
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-00063492-001 | 15/05/2024 |
Date of Adjudication Hearing: 21/11/2024
Workplace Relations Commission Adjudication Officer: Orla Jones
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 complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complainant submitted his claim under the Payment of Wages Act on 15th of May 2024. A hearing of the matter was scheduled for 21st of November 2024 at which the complainant did not attend. |
Summary of Complainant’s Case:
The complainant was not in attendance at the hearing. |
Summary of Respondent’s Case:
The respondent was in attendance at the hearing. |
Findings and Conclusions:
Although the Respondent was present on the day of the hearing, the Complainant did not attend. On the day of the hearing, I awaited the attendance of the Complainant for in excess of 20 minutes. Following this the case officer phoned the complainant to check if he was attending the hearing, the complainant (on the phone) initially stated that he thought the hearing was on a different date but also stated that he not in a position to attend that day. The complainant undertook to submit an email to the WRC post the hearing. The complainant at the time of writing this decision has made no further submission to the commission to explain his absence. I note that no further communication was received at the time of finalising this decision and I am satisfied that the said complainant was notified of the hearing date. Accordingly, in the absence of any reasonable explanation for his non-attendance and in the absence of evidence to the contrary having been adduced before me, I must conclude that the within 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.
The Complainant offered no evidence and did not attend at the hearing. Accordingly, I declare this claim to be not well founded. |
Dated: 4th March 2025
Workplace Relations Commission Adjudication Officer: Orla Jones
Key Words:
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