ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030745
Parties:
| Complainant | Respondent |
Parties | Denise Quinn | Debenhams Retail Ireland Limited (In Liquidation) |
| Complainant | Respondent |
Parties | Denise Quinn | Debenhams Ireland Limited |
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 39 of the Redundancy Payments Act, 1967 | CA-00040032-001 | 24/09/2020 |
Date of Adjudication Hearing: 21/12/2022
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 as amended 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’s employment ended on or about the 20th of May 2020. Arising from being made redundant the Complainant alleges that she did not receive her redundancy payment. The Complainant was employed as a visual manager with the Company. The Complainant provided an email address and consented to the Workplace Relations Commission communicating with her by electronic mean. |
Summary of Complainant’s Case:
The Complainant failed to attend at the hearing. |
Summary of Respondent’s Case:
The Respondent attended at the hearing and was ready to rebut the allegation that the Complainant failed to receive a redundancy payment. The Respondent submits that the Complaint is misconceived as the Complainant received her statutory redundancy entitlement which was paid out of the Social Insurance Fund. |
Findings and Conclusions:
I am satisfied that the Complainant was notified of the date, time and place of the hearing. The Complainant was notified by registered post and by email of the date, time and place of the hearing on or about the 14th of November 2022 and by email on the 14th of November 2022 at the email address provided by the Complainant. In her initial complaint application, the Complainant consented to email communication. Based on the contact details provided by the Complainant I determine that she was informed of the hearing and failed to attend. In these circumstances I find against the appeal of the Complainant as no case was presented by her and the Respondent was in attendance and ready to present their case. The complaint is not well founded, and I dismiss the complaint. |
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.
Based on the contact details provided by the Complainant I determine that she was informed of the hearing and failed to attend. In these circumstances I find against the appeal of the Complainant as no case was presented by her and the Respondent was in attendance and ready to present their case. The complaint is not well founded, and I dismiss the complaint. |
Dated: 16th January 2023
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No show |