ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027498
Parties:
| Complainant | Respondent |
Anonymised Parties | A Chef | A Cafe |
Representatives | Did not attend | Did not attend |
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-00035192-001 | 11/03/2020 |
Date of Adjudication Hearing: 14/09/2020
Workplace Relations Commission Adjudication Officer: Emile Daly
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:
Overview: Complaint is for unpaid redundancy following a business closure |
Summary of Complainant’s Case:
The Respondent owns a café business in the North West. It ceased operating on 12 January 2020 and no redundancy was paid to the Complainant |
Summary of Respondent’s Case:
There was no appearance on or by the Respondent at the Adjudication hearing, however prior to the hearing the Respondent emailed the WRC on 13 August 2020 indicating that it would not attend the Adjudication hearing on 14 September 2020, that the insolvency section of the Department of Employment Affairs and Social Protection had paid redundancy to the Complainant on or before 24 July 2020 in circumstances where the Respondent was unable to pay statutory redundancy to him and or other employees. |
Findings and Conclusions:
As the Complainant did not attend the Adjudication hearing on 14 September 2020 , having been put on notice of the hearing and the onus being on the Complainant to present and to proceed with his complaint, as no evidence was put before this Adjudicator to permit the complaint to be well founded, this complaint may not succeed. |
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.
In the absence of any evidence on behalf of the Complainant, this complaint is not well founded |
Dated: 30 September 2020
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Redundancy – no appearance |