ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00037833

Parties:

	Complainant	Respondent
Parties	Liam Batty	Irish Independent Health Foods

Representatives

Did not attend

O'Sullivan Reidy Solicitors

Complaint:

Act	Complaint Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00049290-002	21/03/2022

Date of Adjudication Hearing: 23/08/2022

Workplace Relations Commission Adjudication Officer: Lefre de Burgh

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 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 general operative from August 30th, 2021, until December 20th, 2021. The Complainant alleges that his former employer contravened the provisions of the Minimum Notice and Terms of Employment Act, 1973, in relation to him.

Summary of Complainant’s Case:

The Complainant did not attend the adjudication hearing and was not represented.

Summary of Respondent’s Case:

The Respondent attended the adjudication hearing and was represented.

Findings and Conclusions:

The complaint was received by the Director General of the Workplace Relations Commission on 21st March 2022, whereby the Complainant alleged that his former employer contravened the provisions of the Minimum Notice and Terms of Employment Act, 1973, in relation to him. The complaint was assigned the complaint application number CA-00049290-002.

The said complaint was referred to me for investigation. A hearing for that purpose was arranged for 23rd August 2022. Having been notified of the date, time and venue for the hearing, there was no appearance by or on behalf of the complainant at the hearing, or reason proffered for his non-attendance to present his case at the hearing convened for the purpose.

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.

In all the circumstances of the matter, I must conclude that the within complaint (CA-00049290-002) is not well founded, and I decide accordingly.

Dated: 07-10-22

Workplace Relations Commission Adjudication Officer: Lefre de Burgh

Key Words:

Non-attendance of Complainant; complaint not well founded;