ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00067493
Parties:
| Complainant | Respondent |
Parties | Jack Buttimer | Irish Pneumatic Services |
Representatives | No Appearance by or on behalf of the Complainant | No Appearance by or on behalf of the Respondent |
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-00082356-001 | 30/03/2026 |
Date of Adjudication Hearing: 17/08/2026
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act 1991, 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:
On 30 March 2026, the Complainant, a British Field Engineer submitted a complaint regarding his final wages from his 11-week tenure. On 14 April 2026, this complaint was notified to the named respondent. On 20 April ,2026 the Respondent submitted a written defence of the claim. They confirmed that a final balance of €92.94 had been paid on that day. On 28 May 2026. the Respondent responded. “We have paid Jacks remaining wage (it was less than 100 euros) and our accounts sent him the proofs and all the pay slips etc. “ On 3 June 2026, the Complainant disagreed and forwarded his completed written submission seeking a breakdown of his pay. On 27 July 2026, both parties were invited to hearing scheduled for 17 August 2026 at 11.00 am. Further correspondence was submitted by both parties in the run up to the hearing. There was no appearance by either party at hearing. |
Summary of Complainant’s Case:
CA-00082356-001 Payment of Wages Act, 1991 The Complainant submitted a complaint seeking Adjudication by the Workplace Commission under Section 6 of the Payment of Wages Act, 1991 on 30 March 2026. He wrote that he had been employed from 12 January 2026 to 25 March 2026 and was in receipt of €700 nett pay for a 40-hour week. I did not find a contract of employment at this juncture. The Complainant wrote: “Following the termination of my employment, I have not received my final wages, including approximately 3 hours of overtime worked in my final shift I am seeking payment of all outstanding wages, including overtime (unspecified) Re-imbursement of the agreed taxi expense Confirmation that no unlawful deductions are made Provision of all outstanding pay slips.” The Complainant did not attend the hearing in his own case. He did not offer any reason for that absence. The Complainant did not provide any oral evidence in support of his case. |
Summary of Respondent’s Case:
CA-00082356-001 Payment of Wages Act, 1991 The Respondent has disputed the claims in correspondence but has not attended the hearing in the case. The Respondent outlined in correspondence that the employment had a difficult ending but did not attend to give evidence. The Respondent contended in correspondence that they had no outstanding liability to the complainant.
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Findings and Conclusions:
CA-00082356-001 Payment of Wages Act, 1991 I have been requested to reach a decision on whether there has been a contravention of Section 5 of the Act? In coming to my decision, I have read the complaint form and all subsequent correspondence from both parties. However, I did not meet any of the participants in this case due to a “no show “ at hearing by each party. In my preparation for hearing, I prepared to inquire into the complaint in accordance with Section 41(5) of the Workplace Relations Act, 2015. (5) (a) An adjudication officer to whom a complaint or dispute is referred under this section shall— (i) inquire into the complaint or dispute, (ii) give the parties to the complaint or dispute an opportunity to— (I) be heard by the adjudication officer, and (II) present to the adjudication officer any evidence relevant to the complaint or dispute, (iii) make a decision in relation to the complaint or dispute in accordance with the relevant redress provision, and (iv) give the parties to the complaint or dispute a copy of that decision in writing I am satisfied that both parties were properly notified of the hearing. I invested a considerable period of time preparing for the case. I opened the hearing at 11.15 am as I gave some time and space just in case anyone got lost on the way to hearing. Neither party attended the hearing. Neither party gave any reason for their nonappearance at hearing. I found this latter action very disrespectful to a Statutory Tribunal, which had engaged with both parties respectfully. I have waited 5 days and have not received any update from either party which would help me to understand their absence. I have made the decision to dismiss this case under Section 42(1) of the Workplace Relations Act, 2015. Dismissal of claim by adjudication officer 42. (1) An adjudication officer may, at any time, dismiss a complaint or dispute referred to him or her under section 41 if he or she is of the opinion that it is frivolous or vexatious. I have made this decision as I have not been able to hear evidence in the case due to both parties’ absence at hearing. The Respondent is on record in correspondence as having paid accurate wages to the complainant. This has not been countered in evidence . I find the complaint is both frivolous and vexatious and I dismiss it. |
Decision:
CA-00082356-001 Payment of Wages Act, 1991 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 have made the decision to dismiss this case under Section 42(1) of the Workplace Relations Act, 2015. Dismissal of claim by adjudication officer 42. (1) An adjudication officer may, at any time, dismiss a complaint or dispute referred to him or her under section 41 if he or she is of the opinion that it is frivolous or vexatious. I have made this decision as I have not been able to hear evidence in the case due to both parties’ absence at hearing. I found the nonappearance by both parties to be disrespectful. I would understand if parties had compromised the case and had notified the WRC of this development, but to leave the matter live and a hearing unattended is disrespectful. I would have expected a reason for the nonattendance. The Respondent is on record in correspondence as having paid accurate wages to the complainant. This has not been countered in evidence .
I find the complaint is both frivolous and vexatious and I dismiss it. |
Dated: 21st of August 2026
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Key Words:
Non-Appearance by both parties at hearing. Dismissal of claim. |
