ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012372
Parties:
| Complainant | Respondent |
Anonymised Parties | {A Carpenter} | {A Property Management Company} |
Representatives |
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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-00016331-001 | 14/12/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00016331-002 | 14/12/2017 |
Date of Adjudication Hearing: 02/05/2018
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 worked with the Respondent as a Carpenter from 5th January 2014 and his employment ended on 1st December 2017. |
Summary of Complainant’s Case:
The Complainant was notified on 21 November 2017 that the company was closing on 1st December 2017 and he was being made redundant. He is owed 2 weeks wages of 1253.62, holidays of 208.85, and expenses. His statutory redundancy payment has not been paid.
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Summary of Respondent’s Case:
The Respondent Company has been closed and put into Liquidation. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission by on 14th December 2017 alleging that his former employer contravened the provisions of the Payment of Wages Act 1991 and the Redundancy Payments Acts 1967-2014 in relation to him. The said complaint was referred to me for investigation. A hearing for that purpose was held on 22 March 2018 when the Complainant did not appear and was rescheduled to 2 May 2018. There was no appearance by or on behalf of the Complainant nor Respondent at the hearings. I am satisfied that the said Complainant was informed in writing of the date, time and place at which the hearings to investigate the complaint would be held. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaints are not well-founded and I decide accordingly.
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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.
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.
Due to the non- appearance by the Complainant at the hearings and failure to adduce evidence in support of his claim, I find the complaint is not well founded. |
Dated: 12th December 2018
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Failure to appear by the parties, complaint not well founded |