ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001941
Complaint(s)/Dispute(s) 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-00002651-002 | 16/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00002651-003 | 16/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00002651-001 | 16/02/2016 |
Date of Adjudication Hearing: 26/01/2017
Workplace Relations Commission Adjudication Officer: Caroline McEnery
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation
The Complainant claimed in his Workplace Relations Complaint Form that he was unfairly dismissed from his employment. He claims that he is entitled to a redundancy payment. He claims that he did not receive minimum notice of the termination of his employment.
Respondent’s Submission and Presentation
There was no Submission received from the Respondent nor Attendance or Presentation on the day.
Legislation
Unfair Dismissals Act
Redundancy Payments Act
Minimum Notice Terms and Conditions of Employment Act
Decision
I am obliged to hold a hearing. The Complainant and Respondent were notified of the arrangements for the hearing in writing and I am satisfied that both parties were notified correctly. I find that the failure of both parties to attend such a hearing was unreasonable in the circumstances and that any obligation under the legislation has ceased.
Dated: 25th April 2017