ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017744
Parties:
| Complainant | Respondent |
Anonymised Parties | Employee | Employer |
Representatives | Solicitors |
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00022915-001 | 30/10/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000 | CA-00022915-002 | 30/10/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00022915-003 | 30/10/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00022915-004 | 30/10/2018 |
Date of Adjudication Hearing: 26/11/2018
Workplace Relations Commission Adjudication Officer: Penelope McGrath BL
Procedure:
Pursuant to Section 39 of the Redundancy Payment Act of 1967 (as amended) it is directed that the manner of hearing prescribed in Section 41 of the Workplace Relations Act of 2015 shall apply to any question, dispute, complaint or appeal referred to the Director General under the Redundancy Payments Acts of 1967 – 2014.
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make myself available to make all relevant inquiries into the complaints.
Background:
The Complainant issued a Workplace Relations Complaint Form on the 30th of October 2018. The Complainant sought Adjudication under Section 39 of the Redundancy Payments Act, 1967 and under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000 and under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 and under section 6 of the Payment of Wages Act, 1991 |
Summary of Complainant’s Case:
The Complainant did not attend. |
Summary of Respondent’s Case:
The Respondent did not attend. |
Findings and Conclusions:
No evidence was adduced. No submissions were provided. I am satisfied that both the Complainant and the Respondent were on notice of the date, time and venue of the proposed hearing. Letters dated the 2nd of November 2018 sent to the parties (at the postal addresses provided) are on the file herein. Despite this written notification, neither party made an appearance at the hearing. I am further satisfied that no other contact has been made to explain the non-attendance. I could therefore not make the relevant inquiries into the Complaints made. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
In addition, Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint under the Redundancy Acts and in accordance with the relevant redress provisions under that Act.
In the circumstances I cannot declare that the complaints made (CA-00022915-001, CA-00022915-002, CA-00022915-003, CA-00022915-004) are well-founded or otherwise. I therefore Strike Out these Complaints. |
Dated: 18th January 2019
Workplace Relations Commission Adjudication Officer: Penelope McGrath BL
Key Words:
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