ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045808
Parties:
| Complainant | Respondent |
Parties | Alejandro Fernandez | Halcyon |
Representatives | No Appearance | No Appearance |
Complaints:
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-00056593-001 | 11/05/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00056593-002 | 11/05/2023 |
Date of Adjudication Hearing: 19/09/2023
Workplace Relations Commission Adjudication Officer: Brian Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
On 11th May 2023, the Complainant referred the present complaints to the Commission. Herein, he alleged that the Respondent had failed to discharge certain statutory payments on the termination of his employment. By response, the Respondent accepted that certain payment were due and undertook to discharge the same. By correspondence dated 3rd August 2023, following the notification of the hearing date, the Complainant advised that he had received the payments and that was now based outside of the jurisdiction. In circumstances whereby the Complainant did not expressly withdraw the complaint, the matter proceeded to hearing. Said hearing was convened for, and finalised on, 19th September 2023. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing as scheduled. Having reviewed the file, I am satisfied that the Complainant was aware of the time, date and venue of the hearing. In such circumstances the matter proceeded in his absence. |
Summary of Respondent’s Case:
Likewise, the Respondent did not attend the hearing as scheduled. Having reviewed the file, I am again satisfied that the Respondent was aware of the time, date and venue of the hearing. In such circumstances the matter proceeded in their absence. |
Findings and Conclusions:
In circumstances whereby the Complainant did not attend the hearing to prosecute the complaint, I find that the same is not well-founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00056593-001 I find that the complaint is not well-founded. CA-00056593-002 I find that the complaint is not well-founded. |
Dated: 20th October 2023
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance |