ADJUDICATION OFFICER DECISION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Parties |
| Complainant | Respondent |
Anonymised Parties | A Construction Worker | A Civil Engineering Company |
Representatives |
|
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00026684-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complainant referred a complaint against the above respondent on the 28th of February 2019. As required by the Act and as part of my investigation, I proceeded to a hearing on the 22nd of August 2019. On the day of the hearing the complainant was not in attendance. |
Summary of Complainant’s Case:
There was no appearance by or on behalf of the Complainant at the hearing. |
Summary of Respondent’s Case:
The respondent was in attendance at the hearing. |
Findings and Conclusions:
As part of my investigation I am obliged to hold a hearing. The complainant emailed the WRC the day before the hearing stating that he would not be attending the hearing due to work commitments. The complainant was advised that the hearing was proceeding as scheduled. The complainant did not attend the scheduled hearing. Accordingly, I am satisfied that the complainant received notification of the hearing arrangements and that no reasonable explanation was provided for the complainant’s non-attendance. The respondent was in attendance at the hearing. As the complainant failed to attend the hearing to establish the validity of his complaint, I conclude the investigation and find against the complainant. |
Decision:
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
As the complainant failed to attend the hearing to establish the validity of his complaint, I conclude the investigation and find against the complainant. |
Dated: 24th September 2019
Workplace Relations Commission Adjudication Officer:
Key Words:
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