ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00036835
Parties:
| Complainant | Respondent |
Parties | Eder De Brito | The Cliff Townhouse Unlimited Company The Cliff Townhouse |
Representatives | nonattendance | Joe Maguire |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00048179-001 | 18/01/2022 |
Date of Adjudication Hearing: 02/02/2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following 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:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The complainant did not attend the hearing of this matter. The start of the hearing was delayed by 15 minutes (until 9.45) to enable the complainant to make contact, but no contact was made at the hearing and the hearing closed. |
Summary of Complainant’s Case:
The complainant did not attend the hearing of this matter. |
Summary of Respondent’s Case:
The respondent attended the hearing. |
Findings and Conclusions:
Following the open and closure of the hearing, an email was forwarded to the adjudicator which had been sent in by the complainant the previous evening stating that he “was not feeling well at all” and would not be able to present the facts. There were no accompanying documents. The complainant failed to attend the hearing to either present his case or to seek a postponement. Having considered the circumstances, I find that the complainant has made no effort to substantiate his compliant, and I disallow the complainant’s appeal. |
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.
Having regard to the circumstances of the hearing, my decision is that the complainant has made no effort to substantiate his complaint, and I disallow the complainant’s appeal. |
Dated: 10th February 2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Redundancy Payments – nonattendance at hearing – no effort to substantiate complaint – appeal disallowed |