ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055396
Parties:
| Complainant | Respondent |
Parties | Eoin McDonagh | 5 Star Facility Sevices Limited Company |
Representatives | self | Martin Clarke |
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00067459-001 | 18/11/2024 |
Date of Adjudication Hearing: 04/03/2025
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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(s)/dispute(s).
Background:
In the Complaint form it is alleged the issue between the parties is nonpayment of wages amounting to €300. A solicitor came on record for the Complainant and was notified of the time, date and place of the hearing on the 29th of January 2025. On or about the 20th of February 2025 the following email is received: Thank you for your email. We advise that we have received no instructions in relation to this case and would be obliged if you could deal with the Complainant directly.
No attendance was made by the Solicitor or Complainant.
The hearing was held on the 4th of March 2025.
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Summary of Complainant’s Case:
No case was made out as the Complainant failed to attend at the hearing. |
Summary of Respondent’s Case:
While the Solicitor Representative sent an email on or about the 20th of February 2025, 3 weeks after being notified and about and days before the hearing on the 4th of March 2025, the date and time of the hearing must have been sent to the Complainant |
Findings and Conclusions:
While the Solicitor Representative sent an email on or about the 20th of February 2025, 3 weeks after being notified and a few days before the hearing on the 4th of March 2025, the date and time of the hearing must have been sent to the Complainant. The Respondent attended and made written submissions rebutting the allegation. In these circumstances the Complaint has not been made out as it was stated no instructions had been received. The complaint must be dismissed for failing to attend. I dismiss the complaint. The Complainant has the right to appeal this decision, and, in those circumstances, it is just and fair that the complaint should be dismissed having regard to all the circumstances of this case. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
The Complaint is not well founded. While the Solicitor Representative sent an email on or about the 20th of February 2025, 3 weeks after being notified and about days before the hearing on the 4th of March 2025, the date and time of the hearing must have been sent to the Complainant. The Respondent attended and made written submissions rebutting the allegation. In these circumstances the Complaint has not been made out his case and must be dismissed for failing to attend. I dismiss the complaint. The Complainant has the right to appeal this decision, and in those circumstances, it is just and fair that the complaint should be dismissed having regard to all the circumstances of this case. |
Dated: 03-04-25
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No show |