ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001239

Complaint for Resolution:

Date of Adjudication Hearing: 15/03/2016

Workplace Relations Commission Adjudication Officer: Patsy Doyle

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 11 of The Minimum Notice and Terms of Employment Act, 1973 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 had stated in his complaint form that he received notification of the

Insolvency of the company while he was abroad in early December, 2015. He sought his entitlement

To payment in lieu of notice. He stated on his complaint form that he had to find his own way home

And that he had not been paid.

Respondent’s Submission and Presentation:

There was no response to the complainant’s complaint from the respondent. Letters of notification had been returned to the Workplace Relations Commission

Decision:

Section 41(4) 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 4 of the Minimum Notice and Terms of Employment Act, 1973 provides for the protection of an employee in the case of Minimum Notice required under statute.

In this case, I prepared to hear the complaint, I am satisfied that both parties were notified of the Time and Place assigned to the hearing. I allowed a half an hour waiting period to allow for any delay or mishap. I commenced the hearing but neither party was in attendance. I hereby strike out the claim for want of prosecution.

Patsy Doyle, Adjudicator.

Dated:   7/4/2016