ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046588
Parties:
| Complainant | Respondent |
Parties | Paul Kennedy | Metron Stores Limited t/a Iceland (in liquidation) |
Representatives | Alexander Homits, Independent Workers Union | N/A |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00057542-001 | 05/07/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00057542-002 | 05/07/2023 |
Date of Adjudication Hearing: 26/06/2024
Workplace Relations Commission Adjudication Officer: Elizabeth Spelman
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.
Mr. Paul Kennedy (the “Complainant”) was not in attendance. The Complainant was represented by Mr. Alexander Homits of the Independent Workers Union (“the Complainant’s Representative”), who was also not in attendance.
Metron Stores Limited t/a Iceland (in liquidation) (the “Respondent”) was not in attendance.
Case Management Conference:
A Case Management Conference concerning a number of complaints, including this complaint, was held on 19 December 2023. The Independent Workers Union attended on behalf of the Complainant and JW Accountants attended on behalf of the Respondent. The Parties agreed the Respondent’s correct name, as indicated above.
Background:
On 5 July 2023, the Complainant filed a Complaint Form with the Workplace Relations Commission (the “WRC”) in which he alleged, inter alia, that when his employment ceased, he “was not paid all [his] annual leave entitlements”.
In a letter from the WRC dated 19 April 2024, the Complainant was informed of the details of the Hearing to take place on 26 June 2024. The same letter set out the procedure regarding postponement requests.
On 26 June 2024, the morning of the Hearing, the Complainant’s Representative emailed the WRC to request a postponement, stating that the Complainant could not attend the Hearing as he was “unavailable to travel”. Later that morning, the Complainant’s Representative further informed the WRC that he also could not attend the WRC to make the postponement application in person.
On 26 June 2024, the WRC emailed the Complainant’s Representative and referred him to the WRC Postponement Guidelines, in particular:
“Requests under Postponement Process 2 below are considered in the context of a test of “exceptional circumstances and substantial reasons” and will not generally be granted unless proper evidence is provided with the completed postponement application form together with an explanation of how the test is met.”
The Complainant was asked to provide evidence in support of his postponement application, together with the completed postponement application and an explanation as to how the abovementioned test was met, by no later than 5pm on 27 June 2024.
On 27 June 2024, the Complainant’s Representative provided an email from the Complainant which stated that “due to work commitments and personal commitments” he would be unable to travel. |
Summary of Complainant’s Case:
The Complainant did not attend the Hearing. |
Summary of Respondent’s Case:
There was no attendance by or on behalf of the Respondent. On 19 December 2023, during the Case Management Conference, the Respondent’s correct name was confirmed and it is reflected in this Decision. In a letter from the WRC dated 19 April 2024, the Respondent was informed of the details of the Hearing to take place on 26 June 2024. The same letter also set out the procedure regarding postponement requests. On 26 June 2024, JW Accountants emailed the WRC. They confirmed that Mr. Joseph Walsh was appointed Liquidator of the Company (the “Liquidator”) on 7 September 2023, by Order of Mr. Justice Quinn of the High Court. They further confirmed that as this complaint relates to matters which predate the Liquidator’s appointment, he is not familiar with the background to the complaint and therefore is not in a position to assist in the Hearing. In the circumstances, I am satisfied that the Respondent was on notice of the Hearing and decided not to attend. |
Findings and Conclusions:
I am satisfied that the Complainant was on full notice of the Hearing. I am also satisfied that the Complainant was given the opportunity to make a postponement application pursuant to the WRC Postponement Guidelines. The Complainant has provided only a short email which states that “due to work commitments and personal commitments” he would be unable to travel. The Complainant provided no postponement application and no evidence. In the circumstances, I find that the Complainant has failed to meet the “exceptional circumstances and substantial reasons” test for a postponement application. Therefore, the application is refused. Consequently, I find that the Complainant failed to attend the Hearing as scheduled and failed to present any evidence in support of his complaints. In the circumstances, I find that both of the complaints are 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-00057542-001 - Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997: For the reasons set out above, this complaint is not well founded. CA-00057542-002 - Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997: For the reasons set out above, this complaint is not well founded. |
Dated: 26-08-2024
Workplace Relations Commission Adjudication Officer: Elizabeth Spelman
Key Words:
Organisation of Working Time Act 1997, Non-attendance. |