ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00044143

Parties:

Complaint:

Date of Adjudication Hearing:  03/10/2023

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015following 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 submitted a claim for redundancy payment which was received on 31 January 2023.

Summary of Complainant’s Case:

The Complainant attended a hearing called to consider her claim on 29 August 2023.  She advised the correct address for the Respondent.  She did not attend the hearing convened for 3 October 2023.

Summary of Respondent’s Case:

The Respondent was not in attendance for the hearing on 29 August 2023.  That hearing was postponed due to short notice received by him.  The Respondent did not attend the re-convened hearing on 3 October 2023.

Findings and Conclusions:

As neither the Complainant nor the Respondent attended the hearing convened to consider the Complainant’s claim for redundancy payment, the complaint fails for lack of prosecution and I cannot consider it to be well founded.

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.

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.

I have decided that the complaint is not well founded.

Dated:   17/11/2023

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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