ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00029159
Parties:
| Complainant | Respondent |
Parties | Luke Cummins | Breffini Air Breffini Air |
Representatives | Did not attend | Lisa Conroy Peninsula Group Limited |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 81E of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provisions) Act 2004 | CA-00038592-001 | 08/07/2020 |
Date of Adjudication Hearing: 09/12/2021
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint(s) 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 made a complaint against the Respondent under the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provisions) Act,2004. The complaint was received by the Workplace Relations Commission on 8th July 2020. |
Summary of Complainant’s Case:
The Complainant failed to attend the scheduled hearing. |
Summary of Respondent’s Case:
The Respondent attended the scheduled hearing of the complaint and were prepared to present a defence against said complaint. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission on 8th July 2020 alleging that the Respondent had contravened the provisions of the Pensions Act, 1990 as amended by the Social Welfare Act 2004 in relation to him. The said complaint was referred to me for investigation. A remote hearing for that purpose was held on 9th December 2021. There was no appearance by or on behalf of the Complainant at the hearing. I am satisfied that the said Complainant was informed in writing of the date and time at which the hearing to investigate the complaint would be held. Several attempts were made on the day of hearing to contact the Complainant. 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 complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I must conclude that the within complaint is not well-founded and I decide accordingly. |
Dated: 14-12-2021
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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