ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048846
Parties:
| Complainant | Respondent |
Parties | Edward Murphy | The Advertiser Group |
| Complainant | Respondent |
Anonymised Parties |
|
|
Representatives | No Appearance | Self-Represented |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022 | CA-00060002-004 | 14/11/2023 |
Date of Adjudication Hearing: 26/04/2024
Workplace Relations Commission Adjudication Officer: Brian Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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:
On 14th November 2023, the Complainant referred the present matter to the Commission. A hearing in relation to the same was convened for, and finalised on, 26th April 2024. This hearing was conducted by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. No technical issues were experienced during the hearing.
In the days leading up the hearing, the Complainant indicated that he did not wish to pursue the complaint as referred. When asked to confirm whether he wished to withdraw the complaint, the Complainant confirmed that he did not wish to pursue the complaint, but did not positively confirm that the matter was to be withdrawn. In such circumstances, the matter proceeded to hearing in his absence. |
Summary of the Complainant’s Case:
The Complainant did not attend the hearing as scheduled. Having reviewed the file, it is apparent that the Complainant was informed of the date, time and venue of the hearing. In such circumstances, and in the absence of any application to adjourn the hearing, the matter proceeded in the absence of the Complainant. |
Summary of the Respondent’s Case:
The Respondent attended the hearing and indicated that they were fully prepared to deny and defend the allegations raised by the Complainant. |
Findings and Conclusions:
In circumstances whereby the Complainant did not attend the hearing to prosecute his complaints or provide any sworn evidence in support of the allegations set out on the complaint form, I find that the matter is not 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.
I find that the complaint is not well-founded. |
Dated: 13/08/2024
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance |