ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030738
Parties:
| Complainant | Respondent |
Parties | Gary Coen | Debenhams |
| Complainant | Respondent |
Parties | Gary Coen | Debenhams Retail Ireland Limited (In Liquidation) |
Representatives | No Show | Colm Holland Matheson Solicitors/Kelley Smith SC/Des Ryan BL |
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984. | CA-00039985-001 | 22/09/2020 |
Date of Adjudication Hearing: 20/12/2022
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 – 2012 following 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:
The Complainant was employed as a visual manager. His employment ended on or about the 20th of May 2020. In his complaint he states that the Minister for Social Protection failed to make the full payment due to him under the Insolvency Payment Scheme. Specifically, he stated that he should be paid 8 weeks’ pay. |
Summary of Complainant’s Case:
The Complainant failed to attend at the hearing. |
Summary of Respondent’s Case:
The Respondent stated that the complaint is misconceived as the Respondent has no liability under the relevant Act as the relevant Respondent is the Minister for Social Protection. Separate to this submission the fact is the Respondent has received his full notice as provided under the relevant Act. |
Findings and Conclusions:
The Complainant was notified by registered post on the 10th of November 2022 of the date, time and place of the hearing. The Complainant has failed to attend at the hearing to present his case. The Respondent attended at the hearing and was ready to present their case. In these circumstances I must determine that that complaint is not well founded and dismiss the complaint. |
Decision:
Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9 of that Act
The Complainant has failed to attend at the hearing to present his case. The Respondent attended at the hearing and was ready to present their case. In these circumstances I must determine that that complaint is not well founded and dismiss the complaint. |
Dated: 23rd January 2023
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No Show |