ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00041686

Parties:

	Complainant	Respondent
Parties	Gary Byrne	Bidvest Noonan

Representatives

Did not attend the hearing

Ruth Heenan, IBEC

Complaints:

Act	Complaint Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00052502-002	31/08/2022
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00052533-002	02/09/2022

Date of Adjudication Hearing: 18/04/2023

Workplace Relations Commission Adjudication Officer: Catherine Byrne

Procedure:

In accordance with Section 41 of the Workplace Relations Act, these complaints were assigned to me for adjudication by the Director General. A hearing was arranged for April 18th 2023 at 9.30am for the parties to present evidence in relation to the complaints; however, the complainant, Mr Gary Byrne, did not attend. The respondent, Bidvest Noonan, was represented by Ms Ruth Heenan of IBEC, assisted by Ms Emily Maverley. Bidvest Noonan’s HR business partner, Ms Niamh Ward attended to give evidence for the employer, as well as Mr Joseph Walsh, the security manager for the shopping centre where the complainant worked until September 2nd 2022.

On March 15th 2023, Mr Byrne wrote to the WRC to inform us that he would be abroad on the day of the hearing. On March 28th, his application for a postponement was refused because he did not provide the relevant documents in support of his application.

When Mr Byrne did not attend, I concluded the hearing at 9.45am, without hearing any evidence.

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.

In the circumstances in which the complainant did not attend the hearing, and in the absence of any evidence to the contrary having been submitted, I must conclude that these complaints are not well founded and I decide accordingly.

Dated: 20th April 2023

Workplace Relations Commission Adjudication Officer: Catherine Byrne

Key Words:

Complainant did not attend the hearing.