ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045107
Parties:
| Complainant | Respondent |
Parties | Jack Brennan | Lmc Mep Limited (In Liquidation) |
Representatives | James Mccabe Unite the Union | Michael Lydon Liquidator |
Complaint(s):
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-00055929-001 | 05/04/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00055929-002 | 05/04/2023 |
Date of Adjudication Hearing: 18/08/2023
Workplace Relations Commission Adjudication Officer: Brian Dalton
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 complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Company went into liquidation. The Liquidator submitted the necessary paperwork to Social Welfare with details of employment to support the Complainant’s claim for statutory redundancy. According to Social Welfare records the Complainant did not possess the required continuous weeks of employment to meet the threshold required to be eligible. |
Summary of Complainant’s Case:
The Complainant failed to attend at the hearing. |
Summary of Respondent’s Case:
The Liquidator attended and was ready to assist the tribunal with the investigation of these complaints. |
Findings and Conclusions:
I am satisfied that the Complainant’s representative was notified of the date, time, and place of the hearing by registered post and neither the representative nor the Complainant attended, in these circumstances I must dismiss the complaints for non-attendance at the hearing. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) 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-00055929-001 Redundancy: The Complainant failed to attend the hearing and I dismiss the appeal for non-attendance at the hearing. CA-00055929 Payment of Wages: I determine that the Complaint is not well founded and dismiss the claim as the Complainant failed to attend at the hearing. |
Dated: 29/08/2023
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No show |