ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030166
Parties:
| Complainant | Respondent |
Parties | Elaine O'Connor | Plassey Campus Arena Ltd Ul Sport |
Representatives |
| Mairead Crosby , IBEC |
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-00040283-001 | 06/10/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00040283-002 | 06/10/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00040283-003 | 06/10/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00042237-001 | 31/01/2021 |
Date of Adjudication Hearing: 09/02/2023
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 – 2014, and Section 8 of the Unfair Dismissals Acts, 1977 - 2015,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 her employment with the Respondent on 3 September 2018. Her employment terminated on 31 August 2020.
The Complainant referred her complaints to the Director General of the WRC on 6 October 2020 alleging that she did not receive her correct redundancy payment, that she was unfairly dismissed, and that the Respondent has not paid her or paid her less than the amount due to her. The Complainant referred further complaint to the Director General on 31 January 2021 alleging that the Respondent has not paid her or paid her less than the amount due to her.
Correspondence informing the parties of the arrangements for the adjudication hearing to be held on 9 February 2023 issued on 9 January 2023. On 7 February 2023, the Complainant submitted an application for a postponement of the hearing on the basis that the Respondent’s submission allegedly contained a number of defamatory statements which necessitate the issuing of legal proceedings against the Respondent. The Complainant sough a postponement to allow her to issue legal proceedings regarding the defamation matter and to redraft her WRC submission to focus on the substantive matters and for the Respondent to do likewise. On 8 February 2023 the Complainant was informed that her application has been refused and that the matter raised in her application would be dealt with by the Adjudication Officer with seisin of the case on the day of the hearing. There was no attendance by, or on behalf of, the Complainant at the adjudication hearing. I am satisfied that the Complainant was properly notified of the arrangements for the adjudication hearing. There has been no communication from, or on behalf of, the Complainant during the adjudication hearing or post-hearing explaining her non-attendance.
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Summary of Complainant’s Case:
There was no attendance by, or on behalf, of the Complainant to adduce any evidence in support of her claims. |
Summary of Respondent’s Case:
The Respondent was in attendance at the adjudication hearing. |
Findings and Conclusions:
The within complaints were referred to the Director General of the WRC on 6 October 2020 and 31 January 2021. The complaints were referred to me for investigation. A hearing for that purpose was scheduled on 9 February 2023. The parties were notified in writing by the WRC of the arrangements for the hearing on 9 January 2023. There was no appearance by, or on behalf of, the Complainant at the adjudication hearing. I am satisfied that the Complainant was properly notified of the arrangements for the hearing. |
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.
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
I declare the following complaints to be not well founded: CA-00040283-001 under Section 39 of the Redundancy Payments Act, 1967 CA-00040283-002 under Section 8 of the Unfair Dismissals Act, 1977 CA-00040283-003 under section 6 of the Payment of Wages Act, 1991 CA-00042237-001 under section 6 of the Payment of Wages Act, 1991. |
Dated: 3rd May 2023
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Key Words:
Non-attendance |