ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00008492
Parties:
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Complainant |
Respondent |
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Anonymised Parties |
A cashier |
A convenience Store |
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-00011104-001 |
03/05/2017 |
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Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 |
CA-00011104-002 |
03/05/2017 |
Date of Adjudication Hearing: 14/09/2017
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
The hearing of this matter was arranged to take place on Thursday 14th September 2017 at 10am in the offices of the Workplace Relations Commission (WRC), Lansdowne Road, Dublin 4. The respondent attended on time. The complainant did not attend the hearing. Correspondence issued to the complainant outlining the date, venue and time of the hearing some six weeks in advance of the hearing date. On the day of the hearing attempts were made by a staff member of the WRC to contact the complainant by telephone in relation to his attendance. A voicemail was left but the call was not returned. I waited until 10.30am in the event that the complainant was delayed. There was no further contact from the complainant.
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 13 of the Industrial Relations Acts, 1969 following the referral of the complaint and dispute to me by the Director General, I was available to inquire into the complaint and dispute and to give the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint and dispute.
Background:
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Summary of Complainant’s Case:
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The claimant did not attend the Adjudication Hearing and was not represented. |
Summary of Respondent’s Case:
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The Respondent was present at the Adjudication hearing to meet the complaints that were made. |
Findings and Conclusions:
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As the complainant did not attend the hearing of the complaint and dispute, and as no contact was made with the WRC, both the complaint and dispute are dismissed for want of prosecution. |
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.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
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As the complainant did not attend the hearing of the complaint and dispute, and as no contact was made with the WRC, both the complaint and dispute are dismissed for want of prosecution. |
Dated: 16.11.17
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
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Did not attend, want of prosecution |