Complainant

Respondent

Parties

Carp  Georgel Cosmin

Irish Environmental Monitoring & Consultancy (Iemc) Ltd

Representatives

  No appearance by or on behalf of the complainant

 No appearance by or on behalf of the respondent

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-00070750-001

11/04/2025

On 11th April 2025, the complainant, an operator general and lay litigant  submitted a complaint of non-payment of wages referring to an alleged contravention on  that same day.

On 15 April 2025, the Respondent was notified of the claim.

Both Parties were invited to hearing scheduled for 23 June 2025. 

On 19 June 2025, I wrote to both Parties and canvassed written submissions and supporting documents.

Neither Party attended for hearing and neither gave any reason for their nonappearance.

I have waited for the 5-day period to allow for such an excuse prior to issuing my decision.

I have not received any such excuse.

Neither Party made an appearance nor sent a representative to hear.

The Complainant, Mr Cosmin introduced himself as an operator general and Lay Litigant on his complaint form of 11 April 2025.

He wrote that he had commenced work on 10 October 2024, and the employment ended on 4 April 2025. He submitted that he was owed wages amounting to €636.00 on his complaint form.

The weekly wage was listed as €756.00 gross for a 35-hour week.

On 15 April 2025, he wrote again  to the WRC seeking his final payment which had been denied by his employer.

The Complainant did not avail of the opportunity to submit a written submission in support of his claim.

The complainant did not attend the hearing in his own case or submit any reason for his nonappearance.

I am satisfied that he was fully on notice of the hearing as he had agreed to email contact by WRC.

There was no appearance by or on behalf of the Respondent at hearing.

The Respondent did not avail of the opportunity to submit a written submission in defence of the claim.

I have been requested to make a decision in this claim in accordance with the Payment of Wages Act, 1991.

I invited submissions prehearing, without success.

The Parties were both invited to hearing on 30 May 2025 and neither has communicated a reason for not attending this hearing.

It may have transpired that the parties have since resolved the matter, but nobody has informed the WRC.

The Parties will appreciate that the WRC provided the Parties with a hearing to permit both sides positions to be ventilated.

I conducted that hearing and waited in vain for the parties to appear.

I would have preferred if the Parties had alerted the WRC in advance that they were not attending.

I found both parties nonattendance at hearing to be unreasonable.

I must find the claim for payment of €636.00 in unpaid wages is not well founded as the complainant did not make himself available to give evidence or explain his non-appearance at hearing.

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 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaint in accordance with Section 5 of   that Act.

I must find the claim CA-00070750-001 for €636.00 in unpaid wages is not well founded, as the complainant did not make himself available to give evidence or explain his non-appearance at hearing. I am also struck by the proximity in time between when the contravention was alleged to have occurred and would have preferred to have seen an active grievance, prior to referral to the WRC.

It has been impossible for me to establish a contravention of the Payment of Wages Act, 1991.

Claim for unpaid wages