ADJUDICATION OFFICER DECISION.

Adjudication Reference: ADJ-00038966

Parties:

	Complainant	Respondent
Parties	Edmond Gaynor	Gaynor Decorating Limited

	Complainant	Respondent
Anonymised Parties

Representatives

Did not attend hearing

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-00050070-001	28/04/2022

Date of Adjudication Hearing: 17/11/2022

Workplace Relations Commission Adjudication Officer: Jim Dolan

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) 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 was employed by the Respondent as a painter and decorator. Employment commenced on 2nd February 2004 and ended on 26th July 2021.

This complaint was received by the Workplace Relations Commission on 28th April 2022.

Summary of Complainant’s Case:

The Complainant did not attend the scheduled hearing of the complaint.

Summary of Respondent’s Case:

The Respondent did not attend the scheduled hearing of the complaint.

Findings and Conclusions:

A complaint was received by the Director General of the Workplace Relations Commission on 28th April 2022. The Complainant was alleging that his former employer had contravened the provisions of the Redundancy Payment Act, 1967 in relation to him. The said complaint was referred to me for investigation. A hearing for that purpose was scheduled for Thursday 17th November 2022. There was no appearance by or on behalf of either the Complainant or the Respondent. I am satisfied that both parties were informed in writing of the date, time and place at which the hearing to investigate the complaint would be held.

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.

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 must conclude that the within complaint is not well-founded and I decide accordingly.

Dated: 13th December 2022

Workplace Relations Commission Adjudication Officer: Jim Dolan

Key Words:

Redundancy Payments Act, 1967.