ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00004950
Parties:
| Complainant | Respondent |
Parties | A Manager | A Meat Processing Factory |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00006958-001 | 12/09/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00006958-002 | 12/09/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00006958-003 | 12/09/2016 |
Date of Adjudication Hearing: 15/06/2017
Workplace Relations Commission Adjudication Officer: Louise Boyle
Location of Hearing: The Harbour Hotel
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The claims were in relation to: redundancy payment, payment in lieu of termination of employment and payments in relation to annual leave entitlement. At the outset of the adjudication, it became apparent that there was no appearance by or on behalf of the complainant or respondent. I verified that the complainant and respondent were on notice of the time, date and venue of the adjudication, including that the hearing notification had been sent to the most recent address recorded on file for them. I also waited some time to accommodate a late arrival. |
Summary of Complainant’s Case:
The complainant did not attend the adjudication to advance his case, and did not provide an explanation for his non-attendance. A summary of his claims on his claim forms are as follows: CA-00006958-001 – He was advised on 1st April 2016 that he was laid off without pay and on 6th May that redundancy was a possibility and on 9th June to complete RP50 form but that the respondent did not submit them. CA-00006958-002 He was advised of notice of temporary lay off on 1st of April 2016 and was due 20 days holidays pay and 8 (sic) notice. CA-00006958-003 He was advised of notice of temporary lay off on 1st of April 2016 and was due 20 days holidays pay and 8 (sic) notice. |
Summary of Respondent’s Case:
The respondent did not attend the adjudication hearing and did not provide an explanation for his non-attendance. |
Findings and Conclusions:
As the complainant did not attend the adjudication to advance his claims, I confirmed that a letter had issued notifying the Complainant and the Respondent of the date, time and location of the hearing and find their non-attendance without any acceptable explanation to be unexplained in the circumstances, and my decision is, therefore: CA-00006958-001 I find that the claims fail for want of prosecution. CA-00006958-001 I find that the claims fail for want of prosecution. CA-00006958-001 I find that the claims fail for want of prosecution. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
CA-00006958-001 As the complainant did not attend the adjudication, I decide that the claim is not well founded and fails for want of prosecution. CA-00006958-002 As the complainant did not attend the adjudication, I decide that the claim is not well founded and fails for want of prosecution. CA-00006958-003 As the complainant did not attend the adjudication, I decide that the claim is not well founded and fails for want of prosecution. |
Dated: 8/11/17
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Fails for want of prosecution, redundancy, annual leave, notice |