ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056407
Parties:
| Complainant | Respondent |
Parties | Oliver Fearn | Morley Transport |
Representatives | N/A | N/A |
Complaint:
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-00068631-001 | 15/01/2025 |
Date of Adjudication Hearing: 02/05/2025
Workplace Relations Commission Adjudication Officer: Monica Brennan
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:
The complaint was received by the Director General of the Workplace Relations Commission on 15th January 2025. The complaint form stated that it was in relation to pay not received.
A hearing was scheduled for 10am on Friday 2nd May, 2025. The hearing was held remotely via the Webex platform.
At the time the hearing was to commence, it was apparent that there was no attendance by or on behalf of either the Complainant or the Respondent. I verified that both parties were on notice of the date, time and venue of the hearing and waited some time to accommodate late arrivals. |
Summary of Complainant’s Case:
The Complainant did not attend the adjudication hearing and was not represented. Notice of the hearing arrangements was sent to the Complainant on 19th March 2025. The Webex invitation was sent to the email address supplied by the Complainant on 1st May 2025. |
Summary of Respondent’s Case:
The Respondent did not attend the adjudication hearing and was not represented. Notice of the hearing arrangements was sent to the Respondent on 19th March 2025. The Webex invitation was sent by registered post to the Respondent on 29th April 2025. |
Findings and Conclusions:
The hearing was scheduled for 10am on Friday 2nd May, 2025. At the appointed time, there was no appearance by either the Complainant or the Respondent. I satisfied myself that both parties were on notice of the date, time and location of the hearing. I also made enquiries to ensure that no communication had been received from either party on the morning of the hearing. I allowed 30 minutes for the late arrival of either party. I note from the case file that there was email correspondence with the Complainant in the week leading up to the hearing and that there was contact by telephone with the Respondent. I am satisfied that both parties were on notice of the date, time and venue of the hearing. In the circumstances and in the absence of direct evidence, I must conclude that the complaint is not well-founded. |
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.
As set out above, in all of the circumstances, I must conclude that the within complaint is not well-founded and I decide accordingly. |
Dated: 9th May 2025
Workplace Relations Commission Adjudication Officer: Monica Brennan
Key Words:
No appearance |