ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00035627
Parties:
| Complainant | Respondent |
Parties | Louise McHugh | St John Of Gods Employ Ability Ltd |
Representatives | Peter Glynn SIPTU | Andrew Hendrick |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 28 of the Safety, Health & Welfare at Work Act, 2005 | CA-00046743-002 | 19/10/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00048055-001 | 07/01/2022 |
Date of Adjudication Hearing: 12/09/2022
Workplace Relations Commission Adjudication Officer: Marie Flynn
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014following 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:
A complaint was received by the Director General of the Workplace Relations Commission from Louise McHugh on 19 October 2021 alleging that the Respondent contravened the provisions of the Safety, Health and Welfare at Work Act, 2005 in relation to her. A further complaint was received from the Complainant on 7 January 2022 alleging that the Respondent contravened the provisions of the Redundancy Payments Act, 1967 in relation to her. The said complaints were referred to me for investigation. A hearing for that purpose was held on 12September 2022. |
Summary of Complainant’s Case:
The Complainant did not attend the adjudication hearing. The Complainant’s representative attended the adjudication hearing. |
Summary of Respondent’s Case:
The Respondent did not attend the adjudication hearing. |
Findings and Conclusions:
On the 8 September 2022, the Complainant wrote to the WRC seeking an adjournment of the adjudication hearing as she would be out the country on that date and unable to attend. The adjournment request was refused. There was no appearance by the Complainant at the hearing. 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.
CA-00046743-002 I decide that the herein complaint is not well founded.
CA-00048055-001 I decide that the herein complaint is not well founded. |
Dated: 27/10/2022
Workplace Relations Commission Adjudication Officer: Marie Flynn
Key Words:
No appearance by the Complainant. Not well founded. |