ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000668
Complaint for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00000934-001 | 18/11/2015 |
Date of Adjudication Hearing: 10/03/2016
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41(4) 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.
Complainant’s Submission and Presentation:
The complainant did not appear.
Respondent’s Submission and Presentation:
A representative of the Receiver attended and provided evidence that the redundancy payment claimed in the case had been paid.
He exhibited copies of confirmation from the Redundancy and Insolvency Debt Management section of the Department of Social Protection that the payment sought had been made to the claimant and also a copy of the RP50.
Conclusion and Findings.
As part of my investigation under Section 41(4) of the Act, 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. It may be because the matter has been resolved without the Commission being notified.
As no evidence was given at the hearing in support of the complaint, I conclude the investigation and find against the complainant.
I note that the payment claimed has in fact been made.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint.
For the reasons set out above I dismiss the claim
Dated: 26th April 2016