ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007401
Parties:
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Complainant |
Respondent |
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Anonymised Parties |
A waitress |
A Restaurant |
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Representatives |
Donnacha Anhold of Carter Anhold & Company Solicitors |
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Complaint(s):
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Act |
Complaint/Dispute Reference No. |
Date of Receipt |
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Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00009811-001 |
20/02/2017 |
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Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00009811-002 |
20/02/2017 |
Date of Adjudication Hearing: 05/09/2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 ; Section 6 of the Payment of Wages Act, 1991 and Section 27 of the Organisation of Working Time Act, 1997 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
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This case had originally been scheduled for the 26th June 2017 but due to the non attendance of one of the parties on that day had been rescheduled for the 5th September 2017. On that latter date none of the parties attended. As correspondence had passed between the WRC and the parties I was satisfied that proper notice of the hearing on the 5th September had been made. |
1: Summary of Complainant’s Case:
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Apart from the details on the claim form no evidence was presented for either complaint. CA-00009811-001 and CA-00009811-002 |
2: Summary of Respondent’s Case:
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The Respondent did not attend the hearing. |
3: Findings and Conclusions:
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In the complete absence of any evidence being presented or the parties attending the Hearing the claim is dismissed for want of prosecution. |
4: Decision:
Section 41 of the Workplace Relations Act 2015; Section 6 of the Payment of Wages Act, 1991 and Section 27 of the Organisation of Working Time Act, 1997 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.
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Act |
Complaint/Dispute Reference No. |
Summary Decision /Refer to Section 3 above for detailed arguments. |
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Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00009811-001 |
Claim dismissed for want of prosecution. |
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Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00009811-002 |
Claim dismissed for want of prosecution. |
Dated: 20th November 2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
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