ADJUDICATION OFFICER DECISION

 Adjudication Reference: ADJ-00005804

Parties:

        Anonymised PartiesA DriverA Transport Company  

Complaint(s):

ActComplaint/Dispute Reference No.Date of Receipt Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 CA-00007506-001 07/10/2016 Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) CA-00007506-002 07/10/2016 Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 CA-00007506-004 07/10/2016   Date of Adjudication Hearing: 03/11/2017 Workplace Relations Commission Adjudication Officer: Andrew Heavey

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015, Section 39 of the Redundancy Payments Acts 1967 - 2014 and Section 8 of the Unfair Dismissals Acts, 1977 following the referral of the complaints to me by the Director General, I was available to inquire into the complaints and to give the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Summary of Complainant’s Case:

The complainant did not attend and was not represented.  

Summary of Respondent’s Case:

The Respondent attended the hearing and was available to give evidence in relation to the complaints.  

Findings and Conclusions:

As the complainant did not attend the adjudication hearing, I was unable to inquire into the complaints.  

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. Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act. On the basis that the complainant did not attend the adjudication hearing to pursue his complaints and did not make further contact with the Workplace Relations Commission, I decide that the complaints are not well founded.  

Dated:   18/12/2017                                                                   Workplace Relations Commission Adjudication Officer: Andrew Heavey