ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00010584

Complaints:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00014506-001	10/08/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00014506-002	10/08/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00014506-003	10/08/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00014506-004	10/08/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 18 of the Parental Leave Act 1998	CA-00014506-005	10/08/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00014506-006	10/08/2017

Date of Adjudication Hearing: 31/05/2018

Workplace Relations Commission Adjudication Officer: Stephen Bonnlander

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 – 2015 and Section 39 of the Redundancy Payments Act 1967, 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 complaints.

Background:

The within complaints were files on 10 August 2017. On 24 April 2018, the Director General delegated the matter to me for hearing and decision. A hearing was scheduled to take place on 31 May 2018. Neither party appeared for the hearing, nor did either party contact the Commission in the days following the hearing to explain their absence. I did satisfy myself that both parties were notified in writing of the date of the hearing, on 24 April 2018.

Findings and Conclusions:

Pursuant to my obligations under the statutes under which the within complaints were brought, as well as the Workplace Relations Act, I am obliged to hold a hearing into the matter. In light of the facts set out above, I find that the parties’ failure to attend the scheduled hearing was not reasonable, and that any such obligation on my part has ceased. As no evidence was given in support of the various allegations, I conclude this matter and find against the complainant.

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.

CA-00014506-001, CA-00014506-002, CA-00014506-003, CA-00014506-004, CA-00014506-005, and CA-00014506-006 all fail for lack of evidence for the reasons set out above.

Dated: 10/08/2018

Workplace Relations Commission Adjudication Officer: Stephen Bonnlander

Key Words:

Unfair Dismissals Act – Redundancy Payments Act – Terms of Employment (Information) Act – Payment of Wages Act – Parental Leave Act – Minimum Notice and Terms of Employment Act – no show from both parties – no prima facie case.