ADJUDICATION OFFICER DECISION

  Adjudication Reference: ADJ-00009909

Parties:

  Complainant Respondent Anonymised Parties An Employee A Leisure Centre  

Complaint:

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-00012900-001 11/07/2017   Date of Adjudication Hearing: 26/09/2017 Workplace Relations Commission Adjudication Officer: Gaye Cunningham

Procedure:

In accordance with Section 41 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.  

Background:

The complaint is that the Respondent breached Section 5 of the Act by withholding the Complainant’s first week’s pay as payment of wages was one week in arrears. The Respondent denies that there was any discrepancy in payment of wages and the Respondent’s auditors confirmed this. The Trade Union Official and the Respondent’s representatives attended the hearing but the Complainant did not attend and no explanation was given for the non attendance.

Decision:

The Complainant did not attend the hearing convened to hear direct evidence in support of the complaint.   The Employment Appeals Tribunal in Case No: UD1112/08 Kozlowski v Multi roofing Systems Ltd found: “The legal requirements place an onus on a Claimant to prosecute his case and to be present for the hearing”. The Complainant in this instant case did not attend the hearing and the complaint fails. Dated:   14.11.17