ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00048984

Parties:

Complaint:

Date of Adjudication Hearing:  25/07/2024

Workplace Relations Commission Adjudication Officer:  Aideen Collard

Procedure:

This complaint was referred under Section 41 of the Workplace Relations Act 2015 to the Workplace Relations Commission (hereinafter ‘WRC’) on 23rd November 2023.  Following delegation to me by the Director General, I inquired into this complaint and gave the Parties an opportunity to be heard and to present any relevant evidence.  This complaint was scheduled for hearing in Lansdowne House on 25th July 2024.  A Manager attended on behalf of the Respondent.  There was no attendance on behalf of the Complainant.  Before commencing the hearing, I allowed a period of time to elapse and confirmed with the WRC Administrative Section that there had been no application for an adjournment and no difficulty attending had been indicated by or on behalf of the Complainant.  Before excusing the Respondent, I indicated that I would allow until 1st August 2024 for the Complainant to contact the WRC with an explanation for his non-attendance and to apply for a further hearing date.  I confirmed that in the event of such an application, the Respondent would be afforded an opportunity to make submissions and that any such application would have to be vouched and considered on its merits.  In circumstances where no further contact has been made by or on behalf of the Complainant by 1st August 2024, I have proceeded to issue my decision herein.

Summary of Complainant’s Case:

The Complainant referred this complaint to the WRC, claiming outstanding payments upon the termination of his employment with the Respondent.  It would appear that this complaint has been referred under the incorrect statute having no application to the Respondent’s finance business.  However, this could have been addressed with the Complainant and amended accordingly.  The Complainant confirmed consent to email correspondence on 4th December 2023.  He did not proffer any written submissions or supporting documentation.  The burden of proof rested with the Complainant in relation to this complaint.  The Complainant did not attend at the hearing on the scheduled hearing date to pursue this complaint or give evidence in discharge of the onus of proof. 

Summary of Respondent’s Case:

A Manager from the Respondent was in attendance and prepared to meet this complaint.  She confirmed that although the Complainant had been in its employment for less than a two-year period, he had been paid a lump sum upon termination of his employment for redundancy.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to this complaint.  Complainants are required to attend the hearing of their complaint/s to pursue same.  I am satisfied that a letter dated 28th May 2024 had issued to the Complainant at the email address provided, confirming the venue, date and time of the hearing, and further, that he did not contact the WRC to seek a postponement or indicate any difficulty attending.  A reasonable period of time has elapsed since the hearing before issuing this decision, to allow for the Complainant to contact the WRC with an explanation for his non-attendance but no such contact has been made to date. 

In all the circumstances, I find the Complainant’s non-attendance at the hearing to pursue this complaint without notice to be unreasonable and constitutes an abandonment of same.  Furthermore, the onus of proof rests with the Complainant in relation to this complaint.  In the absence of any evidence adduced by the Complainant, I find this complaint not to be well-founded.

Dated:   12th August 2024

Workplace Relations Commission Adjudication Officer:  Aideen Collard