ADJUDICATION OFFICER DECISIONS
Adjudication Reference: ADJ-00016015
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | An Employer |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00020800-004 | 26/07/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00020800-005 | 26/07/2018 |
Date of Adjudication Hearing: 25/01/2019
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 26th July 2018, the complainant referred complaints to the Workplace Relations Commission. The date of adjudication was postponed on two occasions to facilitate the complainant’s attendance. It was then scheduled for adjudication on the 25th January 2019.
At the time the adjudication was scheduled to commence, it was apparent that there was no attendance by or on behalf of the complainant. I verified that the complainant was on notice of the time, date and venue of the adjudication. I waited some time to accommodate his late arrival. Having taken these steps, I proceeded with the adjudication in the absence of the complainant.
In accordance with Section 41 of the Workplace Relations Act, 2015 andSection 39 of the Redundancy Payments Acts 1967 - 2014 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.
Summary of Complainant’s Case:
The complainant did not advance any evidential basis of a contravention of either the Redundancy Payments Act or the Terms of Employment (Information) Act. |
Summary of Respondent’s Case:
The respondent attended the adjudication to meet the claims. |
Findings and Conclusions:
I find that the complainant has not provided any evidence of a contravention of either the Redundancy Payments Act or the Terms of Employment (Information) Act. I, therefore, find that the complaints are not well founded. |
Decisions:
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 – 2014 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
CA-00028000-004 I find that the complaint made pursuant to the Terms of Employment (Information) Act is not well founded. CA-00028000-005 I find that the complaint made pursuant to the Redundancy Payment Act is not well founded. |
Dated: 1st February 2019
Workplace Relations Commission Adjudication Officer: Kevin Baneham