ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00011435
Parties:
| Complainant | Respondent |
Anonymised Parties | A former employee | An employer |
Representatives | Did not attend | A company director. |
Complaint(s):
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-00015221-001 | 23/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00015221-002 | 23/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00015221-003 | 23/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00015221-004 | 23/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000 | CA-00015221-005 | 23/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00015221-006 | 23/10/2017 |
Date of Adjudication Hearing: 14/06/2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant was employed as a Data Analyst by the Respondent from 12th August 2013 until his dismissal (redundancy) on 31st May 2017. At the time of his departure from the Respondent company the Complainant’s salary was €26,994 (inclusive of bonus) per annum. On 23rd October 2017, the Complainant lodged a complaint at the Workplace Relations Commission (WRC). This complaint was in 6 parts: Unfair Dismissals Act 1977, two complaints under the Redundancy Payments Act, 1967; one complaint under the Organisation of Working Time Act, 1997; one complaint under the Payment of Wages Act, 1991 and one complaint under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing and no communication was received from him in relation to his non-appearance. |
Summary of Respondent’s Case:
The Respondent attended the hearing as scheduled and were in a position to present a case in defence of the Respondent company. |
Findings and Conclusions:
As the Complainant failed to show and also failed to notify the WRC in relation to his non-attendance I have no alternative but to deem the complaints as failures due to lack of prosecution. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) 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.
The complaint fails for lack of prosecution. |
Dated: August 20th 2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Lack of prosecution. |