ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001902
Complaint for Resolution:
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
Date of Adjudication Hearing: 15/06/2016
Workplace Relations Commission Adjudication Officer: Patsy Doyle
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991, 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.
Complainant’s Submission and Presentation:
The Complainant was employed as a Manager of a Gift shop at the respondent company from 18 November 2015 to 23 November 2015. On the 15 February 2016, she made a complaint to the WRC under the Payment of Wages Act 1991 that the respondent had made an illegal deduction of €193.32 from her wages by withholding a “bond”. The complaint recorded that that she had made several attempts to secure this payment.
There was no appearance by the complainant at the hearing and no reason given for her non attendance.
Respondent’s Submission and Presentation:
No Appearance or reason given for non attendance at the hearing.
Section 41(4) 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. Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in accordance with section 5 of that Act.
I convened the hearing into this complaint at 10 am on 15 June 2016. I am satisfied that both parties had been placed on notice of the time, date and place of hearing. I allowed a 40 minute period of waiting time to allow for any eventualities on logistics.
In light of the non appearance of the complainant, I must find that the complaint is not well founded and the complaint falls for want of prosecution.
Dated: 1st September 2016