ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00025136

Parties:

	Complainant	Respondent
Anonymised Parties	Service Associate	Hospital

Representatives

Peter Flood Ibec

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-00031953-001	01/11/2019

Date of Adjudication Hearing: 17/01/2020

Workplace Relations Commission Adjudication Officer: Brian Dalton

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

The complainant was employed by the respondent since 7th February 2017 as a service worker and claims that he did not receive his correct redundancy payment under Section 39 of the Redundancy Payments Acts 1967-2014.

Summary of Complainant’s Case:

A hearing was arranged for 17th January 2020 to hear the evidence in this case and the complainant failed to attend.

Summary of Respondent’s Case:

The respondent attended the hearing and was ready to present their case.

Findings and Conclusions:

The complaints were referred to me for investigation. A hearing for that purpose was held on 17th January 2020. There was no appearance by the complainant at the hearing. I am satisfied the complainant was informed in writing of the date, time and place of the hearing. In these circumstances and in the absence of any evidence to the contrary I conclude that the complaint is not well founded.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

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.

I decide that the complaint is not well founded.

Dated: 27th February 2020

Workplace Relations Commission Adjudication Officer: Brian Dalton

Key Words:

Failure to attend.