ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047714
Parties:
| Complainant | Respondent |
Parties | Dilbag Dilbag | Chatthai Food Ltd. |
Representatives | Not present | Mr. Con Mc Mahon BL instructed by Wallce Reidy Solrs |
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-00058746-001 | 08/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00058746-002 | 08/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00058746-003 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00058746-004 | 12/09/2023 |
Date of Adjudication Hearing: 08/09/2025
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and Section 79 of the Employment Equality Acts, 1998 – 2015following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant was employed as a Kitchen Porter from April 4th 2022 to 20th May 2023 and he claimed he was not paid the minimum wage, was unfairly dismissed and did not receive equal pay |
Findings and Conclusions:
A Complaint was received by the Director General of the Workplace Relations Commission by Dilbag Singh on 8/9/2023 and 12/9/2023 alleging that his former employer, Chatthai Food Ltd. contravened the provisions of the National Minimum Wage Act 2000, the Unfair Dismissals Act 1977 and the Employment Equality Act 1998, in relation to him. The said complaint was referred to me for investigation. A Hearing for that purpose was held on 8/9/2025 . There was no appearance by or on behalf of the Complainant at the Hearing. I am satisfied that the said Complainant was informed in writing 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.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. I find the complaint not well founded. (CA-00058746-001) Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act. I find that the Complainant was not unfairly dismissed and the complaints are not well founded.( CA-00058746-003 and CA-00058746-004.) Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act. I find that the complaint is not well founded. (CA-00058746-002) |
Dated: 12th September 2025.
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Unfair Dismissal |