ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037042
Parties:
| Complainant | Respondent |
Parties | Mark Smith | Thornton Construction |
Representatives | No Appearance | Self-Represented |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00048073-001 | 10/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00048073-002 | 10/01/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00048073-003 | 10/01/2022 |
Date of Adjudication Hearing: 30/09/2022
Workplace Relations Commission Adjudication Officer: Brian Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 – 2014, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant commenced employment with the Respondent in 2001. This employment ended 5th August 2021 when the Complainant transferred to another employer.
On 10th January 2022, the Complainant referred the present complaints to the Commission. Herein, he alleged that his new employer would not recognize his service from his former employment. A hearing in relation to this matter was convened for 30th September 2022. This hearing was conducted by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing as scheduled. Having reviewed the file, I am satisfied that the Complainant was aware of the time, date and venue of the hearing. I further note that no application was made to adjourn the hearing in advance of the same. |
Summary of Respondent’s Case:
The Respondent attended the hearing and advised that they were prepared to defend the complaints as referred. |
Findings and Conclusions:
In circumstances whereby the Complainant did not attend the hearing to prosecute his complaints, I find that the same are not well-founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints 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.
CA-00048073-001 Complaint under the Redundancy Payments Acts I find that the complaint is not well-founded and consequently the Complainant’s appeal fails. CA-00048073-002 Complaint under the Minimum Notice and Terms of Employment Act I find that the complaint is not well-founded and consequently the Complainant’s application fails. CA-00048073-003 Complaint under the Minimum Notice and Terms of Employment Act I find that the complaint is not well-founded and consequently the Complainant’s application fails. |
Dated: 23/11/2022
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance |