ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00046868

Parties:

	Complainant	Respondent
Parties	Joseph O’Neill	Darren C Tobin Mechanical

Representatives

Did not attend the hearing

Complaint:

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-00057824-001	20/07/2023

Date of Adjudication Hearing: 24/11/2023

Workplace Relations Commission Adjudication Officer: Catherine Byrne

Procedure:

This complaint was submitted to the WRC on July 20th 2023 and, in accordance with section 39 of the Redundancy Payments Acts 1967 - 2014, it was assigned to me by the Director General. A hearing was arranged for Friday, November 24th at 9.30am, for the parties to present evidence in relation to the complaint; however, neither the complainant nor the respondent attended at the appointed time. Having checked the case file, I established that notices of the hearing were sent to both parties by registered post on October 19th. On Monday, November 27th, the case officer phoned the complainant to check that he received the notice of the date and time of the hearing, and he confirmed that he did, but that he forgot about it and that he was sick on the day.

The complainant did not contact the WRC in advance to explain that he would not attend the hearing on Friday, November 24th, due to illness. He has not submitted medical evidence to explain his absence or to request a new hearing date. Based on these facts, I have reached the conclusion set out below.

Decision:

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.

In the circumstances in which the complainant and the respondent did not attend the hearing, and in the absence of any evidence to the contrary having been submitted, I must conclude that this complaint is not well-founded and I decide accordingly.

Dated: 06-12-2023

Workplace Relations Commission Adjudication Officer: Catherine Byrne

Key Words:

Neither the complainant nor the respondent attended the hearing.