ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00012316

Parties:

	Complainant	Respondent
Anonymised Parties	{An Employee}	{A Property Management Company (in Liquidation)}

Representatives

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00016323-001	14/12/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00016323-002	14/12/2017

Date of Adjudication Hearing: 21/03/2018

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 andSection 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaint 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 Complainant was employed by the Respondent Property Company.

Summary of Complainant’s Case:

The Complainant was dismissed on 1st December 2017. He seeks payment of outstanding monies due, and redundancy pay from the Company. There was no appearance by the Complainant at the hearing.

Summary of Respondent’s Case:

A Liquidator was appointed to the Respondent on 12th February 2018. There was no appearance by the Liquidator at the hearing.

Findings and Conclusions:

As the Complainant did not attend the hearing in order to substantiate his claim, his claims fail.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

S39 of the Redundancy Payments Acts 1967-2014 requires that I make a decision in relation to the complaint in accordance with the redress provisions under the Acts.

My decision is that the complaint fails, as the Complainant has not appeared at the hearing in order to evidence his complaint.

Dated: 06/12/18

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll

Key Words:

Dismissal of complaint, non-appearance of Complainant