ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000004
Complaint for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 |
CA-00000004-001 |
01/10/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00000004-002 |
01/10/2015 |
Date of Adjudication Hearing: 16/12/2015
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 8(1B) of the Unfair Dismissals Act, 1977 following the referral of the complaint 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 complaint.
Complainant’s Submission and Presentation:
The complainant submitted on the complaint form that he was dismissed by reason of redundancy but that the redundancy was not genuine. His complaint under the Payment of Wages Act related to the payment of a bonus which he did not receive.
The complainant failed to attend the hearing.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 8(1B) of the Unfair Dismissals Act, 1977 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 and also in respect of the claim under section 6 of the Payment of Wages Act..
As part of my investigation under the Acts, I am obliged to hold a hearing. All reasonable efforts were made to inform the complainant of the hearing. I find that the complainants’ failure to attend such a hearing was unreasonable in the circumstances outlined above.
As no evidence was given at the hearing in support of the complaint, I conclude the investigation and find against the complainant.
I dismiss his claims under both Acts above.
Dated: 20th April 2016