ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005477

Complaint for Resolution:

Date of Adjudication Hearing: 09/01/2017

Venue: Lansdowne House, Lansdowne Road, Ballsbridge, Dublin 4

Workplace Relations Commission Adjudication Officer: Aideen Collard

Procedure:

Pursuant to Section 39 of the Redundancy Payments Act 1967, the Director General of the Workplace Relations Commission (hereinafter ‘WRC’) referred the aforesaid complaint received on 12^th October 2016, to me for adjudication. I proceeded to hearing on 9^th January 2017 and gave the Parties an opportunity to be heard and to present any relevant evidence.  There was no attendance on behalf of either Party, and no application for an adjournment had been made to the WRC. I satisfied myself that letters dated 25^th November 2016 had issued to both Parties, confirming the venue, date and time of the hearing at the addresses provided. I also made enquiries as to the Parties’ whereabouts with reception and remained in the hearing room for the scheduled duration.

Complainant’s Submission and Presentation:

The Complainant submitted his complaint against the Respondent under Section 39 of the Redundancy Payments Act 1967 to the WRC on 12^th October 2016 in relation to the non-payment of redundancy upon the closure of a School in June 2016 where he had worked as a Caretaker. There was no attendance on his behalf at the hearing of this complaint in Room 4.02, Lansdowne House, Ballsbridge, Dublin 4 on 9^th January 2017 at 11.30am. Other than submission of the complaint form, he has not submitted further documentation or otherwise engaged with the WRC. The Complainant therefore did not proffer any evidence in support of his complaint or otherwise pursue same.

Respondent’s Submission and Presentation:

Neither was there any appearance on behalf of the named Respondent at the hearing of this complaint in Room 4.02, Lansdowne House, Ballsbridge, Dublin 4 on 9^th January 2017 at 11.30am.

Decision:

I am satisfied that a letter dated 25^th November 2016 issued to the Complainant, confirming the venue, date and time of the hearing at his home address provided, and further, that he did not contact the WRC to indicate any difficulty attending or seek an adjournment. A period of at least 28 days has elapsed after the hearing before issuing this decision, to allow for the Complainant to contact the WRC with an explanation for his non-attendance but no such contact has been made. I find the Complainant’s non-attendance at the hearing to pursue his complaint unreasonable in the circumstances. Therefore, his complaint fails for lack of evidence and is accordingly dismissed.

Aideen Collard, Adjudication Officer

Dated:   9^th February 2017