ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00043526
Parties:
| Complainant | Respondent |
Parties | Marian Brogan | Global Entserv Solutions Ireland Ltd |
Representatives | Non-attendance | Emma Quinn Eversheds Sutherland |
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-00054378-001 | 05/01/2023 |
Date of Adjudication Hearing: 19/05/2023
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. Although the respondent’s representative was present for the hearing, the complainant did not attend the hearing of this matter. |
Summary of Complainant’s Case:
The complainant did not attend the hearing of this matter. |
Summary of Respondent’s Case:
The respondent’s representative attended the hearing of this matter. |
Findings and Conclusions:
The complainant did not attend the hearing of this matter. She indicated to the concierge that she would not be attending. The complainant had sought a postponement prior to the hearing but provided no supporting detail or documentation despite being requested to do so. The concierge encouraged the complainant to attend the hearing in person to explain her situation, however the complainant refused to do so.
I am satisfied that the complainant is on notice of the details of the hearing and has provided no reason for her non-attendance. In circumstances where the complainant did not attend to provide evidence in support of her appeal, I cannot find in her favour. |
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 all the circumstances of this complaint, my decision is to disallow the complainant’s appeal. |
Dated: 24th May 2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Redundancy Payments Act – Nonattendance – appeal disallowed |