ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00020209

Parties:

	Complainant	Respondent
Parties

	Complainant	Respondent
Anonymised Parties	A Former Public Servant	A Public Service Employer

Complaints:

Act	Complaint 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-00026648-001	28/02/2019
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-00026653-001	28/02/2019

Date of Adjudication Hearing: 16/04/2019

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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 attend the hearing.

Summary of Respondent’s Case:

The respondent was in attendance for the hearing.

Findings and Conclusions:

A complaint was received by the Director General of the Workplace Relations Commission by the complainant alleging breaches of the above statute.

The said complaint was referred to me for investigation.

There was no appearance by or on behalf of the complainant at the hearing.

I am satisfied that the said complainant was sent notice in writing to the address provided on the complaint form 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 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.

For the reason set out above I do not uphold complaint CA-00026648-001 and it is dismissed.

Dated: 5.6.19

Workplace Relations Commission Adjudication Officer: Pat Brady

Key Words:

‘No show’ by complainant.