ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030740
Parties:
| Complainant | Respondent |
Parties | Siobhan Lee | Debenhams Retail Ireland Limited (In Liquidation) |
| Complainant | Respondent |
Parties | Siobhan Lee | Debenhams Retail Ireland Limited (In Liquidation} |
Representatives | No show | Colm Holland Matheson Solicitors/Ms 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 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00040070-001 | 25/09/2020 |
Date of Adjudication Hearing: 21/12/2022
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 worked as a food sales manager with the Company. On or about the 1st of April 2020 her employment ended. As a non-union member the Complainant made a complaint mirroring a claim for minimum notice made by Mandate against Debenhams. In her complaint form she states that she did not receive her minimum notice of termination of her contract from her employer. |
Summary of Complainant’s Case:
The Complainant failed to attend at the hearing. |
Summary of Respondent’s Case:
The Respondent submitted that the complaint is misconceived as the payment in respect of her minimum notice was paid out of the Social Insurance Fund. |
Findings and Conclusions:
The Complainant in her application form consented to notification by email. On the 12th of November 2022 the Complainant was notified by email of the hearing. The Complainant failed to attend. The Respondent attended and was ready to present their case. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
The Complainant was notified of the date, time and place of the hearing on the 12th of November 2022. I am satisfied that the Complainant was notified of the hearing and failed to attend, and the Respondent was in attendance and ready to rebut the claim. In these circumstances I dismiss the complaint for failure to attend and determine that claim is not well founded. |
Dated: 16th January 2023
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No show. |