ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056317
Parties:
| Complainant | Respondent |
Anonymised Parties | A Minor | A Respondent |
Representatives |
|
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00068553-001 | 10/01/2025 |
Date of Adjudication Hearing: 08/04/2025
Workplace Relations Commission Adjudication Officer: Conor Stokes
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.
Background:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The complainant’s representative indicated to the WRC in advance of the hearing that the complainant would not be in a position to attend the hearing as he had school. She was advised that she should either write into the WRC seeking a postponement in accordance with the policy or that she should attend in person at the hearing to seek an adjournment. She did not seek a postponement and on the morning of the hearing was not present. The adjudicator asked the concierge to call the representative to check whether she was going to attend. The representative indicated to the concierge that she was too busy to attend the hearing. The hearing proceeded after a 20-minute delay to allow the representative to attend, she did not join the hearing. The respondent attended the hearing. |
Summary of Complainant’s Case:
The complainant did not attend the hearing. |
Summary of Respondent’s Case:
The respondent attended the hearing of this matter. |
Findings and Conclusions:
Neither the complainant nor his nominated representative attended the hearing of this matter. The hearing started 20 minutes after the scheduled start time to facilitate the possible attendance of the complainant or his representative. In the circumstances, I am satisfied that the parties were on notice of the hearing. Neither one showed up and the hearing was formally closed. As not evidence was presented in support of this complaint, I find that a contravention of the legislation has not been established. |
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.
Having regard to all the circumstances of this complaint, my decision is that a contravention of the legislation has not been established. |
Dated: 9th April 2025
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
National Minimum Wage Act – no contravention established |