ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00060297
Parties:
| Complainant | Respondent |
Parties | Cosmin Catalin Rotaru | Yadani Building |
Representatives | Did not attend | Nicolae Zamaria |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00072991-002 | 01/07/2025 |
Date of Adjudication Hearing: 17/02/2026
Workplace Relations Commission Adjudication Officer: John Harraghy
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.
The parties were advised at the outset that following the delivery of a judgement of the Supreme Court in Zalewski v Adjudication Officer on 06/04/2021 that hearings before the Workplace Relations Commission are now held in public. That may result in decisions no longer being anonymised. Both parties were advised that an Adjudication Officer may take evidence on oath or affirmation.
The parties were also notified of these changes by the WRC in the letter confirming details of the hearing.
While the parties are named in this document, from here on, I will refer to Mr Cosmin Catalin Rotaru as “the Complainant” and to Yadani Building as “the Respondent.”
The parties’ respective positions are summarised hereunder followed by my findings and conclusions and decision. I received and reviewed documentation prior to the hearing. All evidence and supporting documentation presented has been taken into consideration.
A rescheduled hearing took place on 17/02/2026 in Lansdowne House. The Respondent attended the hearing. There was no appearance by or on behalf of the Complainant. There was no contact from the Complainant at the time of the hearing.
I am satisfied that the Complainant was issued with a letter by e mail on 18/12/2025 advising him of the date, time and venue of the hearing.
In order to exercise a significant amount of caution I allowed a period of time to elapse before bringing the hearing to a close and there was no further communication received from or on behalf of the Complainant to indicate that there were difficulties which could explain his non-attendance.
Background:
The Complainant was employed by the Respondent from 12/06/2025 until 28/06/2025 (16 days). He submitted a complaint to the Workplace Relations Commission on 01/07/2025 seeking adjudication by the WRC under Section 6 of the Workplace Relations Commission. He is seeking a total of €2,140.00. In his complaint form he stated that he worked 20 hours per week and was paid €20.00 per hour. The Respondent denies the claim in full and submits that nothing is due to the complaint. |
Summary of Complainant’s Case:
The Complainant did not provide any written submission, and he did not attend the hearing as scheduled. No postponement request was received from the Complainant. There was no further communication from the Complainant. |
Summary of Respondent’s Case:
The Respondent and her husband attended the hearing and were prepared to give evidence to refute this complaint. |
Findings and Conclusions:
I am satisfied that the Complainant was properly notified of the hearing arrangements on. I find that her non-attendance at the hearing, without any notification, to pursue this complaint to be unreasonable. In the absence of any evidence proffered by or on behalf of the Complainant seeking adjudication by the Workplace Relations Commission under Section 6 of the Payment of Wages Act, 1991, I find this 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.
In the absence of any evidence proffered by or on behalf of the Complaint seeking adjudication by the Workplace Relations Commission Section 6 of the Payment of Wages Act, 1991, I find this complaint is not well-founded. |
Dated: 27-02-2026
Workplace Relations Commission Adjudication Officer: John Harraghy
Key Words:
Non-attendance |