ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00018787
Parties:
Representatives |
|
|
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984. | CA-00024021-001 | 11/12/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984. | CA-00024022-001 | 11/12/2018 |
Date of Adjudication Hearing: 25/02/2019
Workplace Relations Commission Adjudication Officer: Marie Flynn
Procedure:
In accordance with Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 – 2012 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 adjudication hearing in this case was scheduled to take place on Monday 25th February 2019. On Friday 22nd February 2019, the last working day prior to the adjudication hearing, the WRC received correspondence to effect that the Complainant’s representative would not be in attendance at the hearing as he had suffered a relapse of a medical condition. He supplied a medical certificate dated 3rd August 2018 and sought an adjournment of the hearing. The adjournment request was refused by the WRC and the Complainant’s representative was informed that the hearing would proceed as scheduled. The Complainant’s representative said that he would supply a current medical cert explaining his absence. Neither the Complainant nor his representative attended the adjudication hearing. As of 9th April 2019 (six weeks after the hearing) the Complainant’s representative has not supplied a medical certificate to the WRC explaining his non-attendance at the adjudication hearing. |
Summary of Complainant’s Case:
The Complainant did not attend the adjudication hearing. |
Summary of Respondent’s Case:
The Respondent attended the adjudication hearing. |
Findings and Conclusions:
Complaints were received by the Director General of the Workplace Relations commission from the Complainant on 11th December 2018 alleging that the Respondent contravened the provisions of the Protection of Employees (Employers’ Insolvency) Acts, 1984 – 2012 in relation to him. The said complaints were referred to me for investigation. A hearing for that purpose was held on Monday 25th February 201. There was no appearance by or on behalf of the Complainant at the hearing. I am satisfied that the said Complainant was informed in writing of the date, time and place at which the hearing 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 complaint is not well founded and I decide accordingly. |
Decision:
Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9 of that Act.
In the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well founded and I decide accordingly. |
Dated: 16/04/19
Workplace Relations Commission Adjudication Officer: Marie Flynn
Key Words:
Non-appearance by Complainant |