ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00029078

Parties:

Complaint:

Date of Adjudication Hearing:  04/06/2021

Workplace Relations Commission Adjudication Officer:  Aideen Collard

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967-2012, the Director General of the Workplace Relations Commission (hereinafter ‘WRC’) referred the aforesaid complaint received on 27th July 2020, to me for adjudication.  I held a remote hearing on 4th June 2021 at 3.30pm pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designates the WRC as a body empowered to hold remote hearings. I proceeded to hearing at the scheduled time and gave the Parties an opportunity to be heard and to present any evidence.  An In-house Counsel was in attendance with a HR Manager on behalf of the Respondent.  There was no attendance by the Complainant.  I satisfied myself that a letter dated 13th May 2021 had issued to the Complainant at his correct email address, confirming the date and time of the hearing and he had further been issued with a Webex link for this remote hearing.  The Complainant had also been copied with the Respondent’s written submission by email.  I was made aware that the Complainant had emailed the WRC on 2nd June 2021 as follows: “I am unable to attend this meeting due to work commitments, I apologise for the late reply on this.”  I confirmed with WRC Administration that there had been no application by the Complainant for a postponement.  I heard from the Respondent and allowed a period of time to elapse before closing the hearing.  No further communications were received by or on behalf of the Complainant indicating any difficulties or formally withdrawing this complaint.  It is therefore necessary to issue a decision in this matter to bring it to a conclusion.

Summary of Complainant’s Case:

The Complainant submitted a complaint under Section 39 of the Redundancy Payments Acts 1967-2012 claiming an incorrect calculation of redundancy payment by the Respondent.  There was no attendance by the Complainant at this hearing to pursue his complaint and/or give evidence.

Summary of Respondent’s Case:

An In-house Counsel and HR Manager were in attendance at this hearing on behalf of the Respondent and were prepared to present evidence in defence of this complaint on behalf of the Respondent in accordance with a written submission and documentation submitted on its behalf.

Decision:

Section 39 of the Redundancy Payments Acts 1967-2012 requires that I make a decision in relation to this complaint.  I am satisfied that the Complainant was properly notified of the remote hearing of this complaint as scheduled for 4th June 2021 at 3.30pm by virtue of his email communications with the WRC.  I am further satisfied that the Complainant was aware that he either had to apply to the WRC for a postponement or attend the hearing to pursue his complaint.  I therefore consider his non-appearance at the hearing due to work commitments without further communication to constitute an abandonment of his complaint.  In the absence of pursuit of this complaint and/or any evidence proffered by or on behalf of the Complainant, I disallow his appeal against the Respondent.

Dated:   27/07/2021

Workplace Relations Commission Adjudication Officer:  Aideen Collard