ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00003254

	Complainant	Respondent
Anonymised Parties	A chief operations officer	A software developer

Representatives

None

Complaint for Resolution:

Act	Complaint Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00004789-001	24^th May 2016

Date of Adjudication Hearing: 17th November 2016

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Location of Hearing: Dublin

Procedure:

On the 24^th May 2016, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Minimum Notices and Terms of Employment Act. The complaint was scheduled for adjudication on the 17^th November 2016.

At the time the adjudication was scheduled to commence, it became apparent that there was no appearance by or on behalf of the complainant. There was also no appearance by or on behalf of the respondent. I verified that the parties were notified of the time, date and venue of the adjudication. Having been satisfied of this, and waiting some time for a late arrival, I proceeded with the adjudication in the absence of the parties.

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General of the Workplace Relations Commission, 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.

Summary of Complainant’s Case:

The complainant did not attend the hearing and did not offer any reasonable explanation for his failure to do so.

Summary of Respondent’s Case:

The respondent did not attend the adjudication and nor did it make submissions to it.

Findings and Conclusions:

As the complainant did not attend the hearing and did not offer any reasonable explanation for his failure to do so, the complaint falls for want of prosecution.

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.

CA-00004789-001

As the complainant did not attend the hearing, the complaint falls for want of prosecution.

Dated: 2^nd November 2017

Workplace Relations Commission Adjudication Officer: Kevin Baneham