ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00012742

Parties:

	Complainant	Respondent
Anonymised Parties	A Security Officer	A Security Company

Complaint:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003)	CA-00016860-001	16/01/2018

Date of Adjudication Hearing: 14/01/2019

Workplace Relations Commission Adjudication Officer: Catherine Byrne

Procedure:

In accordance with Section 41 of the Workplace Relations Act 2015, this complaint was assigned to me by the Director General. A hearing was arranged for January 14th 2019, for the parties to have an opportunity to be heard and to present evidence relevant to the complaint. The Human Resources Director and a company executive attended for the respondent and a written response to the complaint was submitted. The complainant did not attend.

A hearing into this complaint was scheduled for March 28th 2018, but as he was in Poland being treated for an illness, the complainant applied for and was granted an adjournment. A hearing was then scheduled for May 9th 2018, but the complainant wrote to say he would be in Poland for six to 12 months and would not be able to attend. No adjournment was requested following the notification of the date of the hearing on January 19th 2019.

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.

In the circumstances where the complainant did not attend the hearing, and in the absence of any evidence to the contrary having been adduced before me, I must conclude that this complaint is not well founded and I decide accordingly.

Dated: 18/01/19

Workplace Relations Commission Adjudication Officer: Catherine Byrne

Key Words:

Non-attendance of the complainant.