ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053406
Parties:
| Complainant | Respondent |
Parties | Serghei Balanuta | Rigotec International Limited |
Representatives | Andrew Turner of Hamilton Turner Solicitors | Cillian McGovern BL instructed by Crushell & Co Solicitors |
Complaints:
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-00065162-001 | 01/08/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00065162-002 | 01/08/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00065162-003 | 01/08/2024 |
Date of Adjudication Hearing: 13/01/2026
Workplace Relations Commission Adjudication Officer: Monica Brennan
Procedure:
In accordance with section 41 of the Workplace Relations Act, 2015; section 8 of the Unfair Dismissals Acts, 1977 – 2015 and section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the complaints to me by the Director General, I gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complaint was received by the Director General of the Workplace Relations Commission (WRC) on 1st August, 2024. The complaint form included details of the Complainant’s representative and stated that the complaints were in relation to an unlawful deduction from wages, unfair dismissal and discriminatory dismissal.
A hearing was scheduled for 11.00am on Tuesday 13th January 2026 in Lansdowne House, Ballsbridge, Dublin 4.
At the time the hearing was due to commence, it was apparent that there was no attendance by the Complainant. The Respondent was present and ready to proceed with the hearing. I verified that the Complainant was on notice of the date, time and venue of the hearing.
This case is associated with a number of other related cases. In all, 11 Complainant’s submitted similar complaints against this Respondent. On the scheduled hearing day, the Respondent was present and offered evidence in relation to three of those Complainants. Throughout the day’s hearing of the cases, no communication was received from the Complainant herein. |
Summary of Complainant’s Case:
The Complainant did not attend the adjudication hearing. Mr. Turner, on record for the Complainant, confirmed that he did not have instructions to make any applications on the Complainant’s behalf and that he had received no communication in relation to this hearing. Notice of the hearing arrangements was emailed to the Complainant’s representative on 15th December 2025. |
Summary of Respondent’s Case:
The Respondent attended the hearing and was ready to respond to the complaints. Evidence was given by the Respondent in relation to three associated cases. |
Findings and Conclusions:
The hearing was scheduled for 11.00 am on Tuesday 13th January, 2026. At the appointed time, there was no appearance by the Complainant, however his representative was present. As the Complainant’s representative was present at the appointed time, I am satisfied that the Complainant was on notice of the time, date and location of the hearing. The Complainant’s representative confirmed that he had not received any communication from the Complainant in advance of the hearing. I note also that submissions in this matter were requested in advance of the hearing, but no communication was received from the Complainant in respect of those either. In the circumstances and in the absence of direct evidence from the Complainant, I must conclude that these complaints are 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.
Further, section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim and section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to that complaint in accordance with the relevant redress provisions under section 82 of the Act.
As set out above, in all of the circumstances and in the absence of direct evidence, I must conclude that the complaints are not well founded. |
Dated: 28th of May 2026.
Workplace Relations Commission Adjudication Officer: Monica Brennan
Key Words:
Non attendance - notice |