ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00059142
Parties:
| Complainant | Respondent |
Parties | Nathan Purcell | Air Force |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00071869-001 | 25/05/2025 |
Date of Adjudication Hearing: 05/11/2025
Workplace Relations Commission Adjudication Officer: Pat Brady
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 was a complaint that, following the liquidation of the respondent the complainant was owed three weeks’ and ten days holiday pay. |
Summary of Complainant’s Case:
The complainant did not attend the hearing. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
The following correspondence was received by the WRC from the liquidator. I refer to the above-named Company and Specific Complaint Reference number. Please be advised that the Liquidator will not be attending the Hearing for this case dated 5 November 2025. Please note that as the Complainant’s grievance occurred prior to the appointment of my colleague as Liquidator, the Liquidator is not in a position to provide any detail on the complaint. Please be advised that any unpaid wages and redundancy are currently being handled by our office through the Department of Social Protection. Should you have any queries do not hesitate to contact me.
In the event of the non-attendance by the complainant this is somewhat academic, but this is one of a number of cases involving this respondent. In respect of another complaint, it was asserted that the wages had actually been paid. The complainant in that case denied that he had been. In any event neither party attended the hearing, although the respondent’s reason for not doing so is odd. Much of the work of a liquidator may relate to events prior to their appointment and the tribunal is entitled to the courtesy of their assistance when a complaint arises. The complainant offered no explanation for his failure to attend. Therefore I find as follows. A complaint was received by the Director General of the Workplace Relations Commission by the complainant alleging breaches of the above statute and was referred to me for investigation. There was no appearance by or on behalf of the complainant at the hearing. I am satisfied that the complainant consented to receiving correspondence by email and was sent notice in writing to the address provided on the complaint form of the date, time and place at which the hearing to investigate the complaint would be held. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaints are not well-founded and I decide accordingly. |
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.
For the reasons set out above Complaint CA-00071869-001 is not well founded. |
Dated: 17th November 2025
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
‘No Show’ by complainant |
