ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00008853

Parties:

Complaint(s):

Date of Adjudication Hearing: 19/01/2018

Workplace Relations Commission Adjudication Officer: Caroline McEnery

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 – 2014following the referral of the complaint to me by the Director General, 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.

Background:

The Complainant was not present or represented at the Hearing.

Findings and Conclusions:

The hearing for this case was originally scheduled to be heard on 17 October 2017 in Limerick. On 29 September 2017 the Complainant requested to have the hearing postponed. The complainant’s request for a postponement was granted which was confirmed by letter dated 9 October 2017.

The Complainant provided further information of her complaint and wanted her written complaint to be heard by the Adjudicator rather than to attend the hearing in person and details for the reason was provided. The Complainant was informed by the Workplace Relations Commission by letter dated 24 October 2017 that there is no legislative provision for the compliant under Section 39 of the Redundancy Payments Act, 1967 to be dealt with by way of written submission.

In an email dated 1 November 2017 the Compliant requested that the hearing be held in County Kerry. On 7 November 2017 the Workplace Relations Commission responded to the Complainant’s email to inform her that her request regarding location had been granted and the hearing was scheduled to be heard in Tralee. In this email dated 7 November 2017, it was outlined that the Complainant was expected to attend the Hearing in person.

On 8 November 2017, the Complainant made an enquiry with regards to having a representative attend the hearing on her behalf without her being present. On 9 November 2017 a reply went to the Complainant and she was again reminded by email that she was expected to attend the hearing in person. Further correspondence was received from the Complainant and on 16 November 2017 a letter was sent to the Complainant which outlined that she may be represented at the hearing but that this did not mean that she did not have to attend the hearing in person. This letter also outlined the potential consequences of her complaint being dismissed by the Adjunction Officer on the day as a result of her failure to attend.

On 5 December 2017 the Complainant was notified by way of letter of the date, time and location of the re-scheduled Hearing on 19 January 2018 in Tralee. Therefore I am satisfied that the Complainant was notified correctly with regards to the date of the hearing and that it was made explicitly clear to the Complainant in advance that she was expected to attend the hearing in person. The Respondent was also notified of the date and time of the hearing.

On 19 January 2018, the hearing date, the Complainant was not present or represented at the Hearing and no explanation for her absence was received, nor was any subsequent communication received from them at the time of the writing of this decision. The Respondent attended on the day.

Decision:

Section 39 of the Redundancy Payments Acts 1967 – 2014 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

I am satisfied based on the file that the Complainant was notified of the hearing in advance and was aware that she was expected to be present at the hearing in person.  The Complainant was not present or represented at the Hearing, accordingly I find, that the complaint under Section 39 of the Redundancy Payments Act, 1967 is not well founded, it is rejected and is not upheld for lack of prosecution

Dated: 23rd April 2018

Workplace Relations Commission Adjudication Officer: Caroline McEnery