ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00051795
Parties:
| Complainant | Respondent |
Parties | Paul Lawrence | Robert Brady Bob The Fixer Ltd |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | No attendance | Robert Brady |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00063547-001 | 19/05/2024 |
Date of Adjudication Hearing: 11/07/2024
Workplace Relations Commission Adjudication Officer: Janet Hughes
Procedure:
In accordance with Section 39 of theRedundancy Payments Acts 1967 - 2014 following the referral of the complaint to me by the Director General, I gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint. Notice of the hearing was issued to the Complainant on 20.06.24 to the address provided by him on the complaint form. This was returned on or around 10.07.24 as gone away. There was no further contact from the Complainant. In advance of the remote hearing on 11/07/24 the WRC had sent an email containing the link to the hearing to the Complainant at the email address provided. There was no reply or engagement with the email. The host for the remote hearing then tried to ring the Complainant but was unable to leave a voicemail. I am satisfied that every reasonable effort was made by the WRC to serve notice of the hearing on the Complainant and to facilitate his attendance. On this basis I consider it appropriate to issue a decision on the appeal in the absence of the Complainant.
Background:
This is an appeal against the failure of the Respondent to pay statutory redundancy to the Complainant in January 2024. |
Summary of Complainant’s Case:
The Complainant submitted a complaint form on which he set out the basis of his contention that he was made redundant in January 2024 and is therefore entitled to statutory redundancy pay. On the complaint form he set out the following details: Date of commencement 16.07.2018 Informed of lay off 23.01.2024 Rate of Pay €798.33 An RP9 and RP 77 were sent to the Respondent. He was not however present at the hearing to give evidence in support of his appeal. |
Summary of Respondent’s Case:
The Respondent provided a written response to the complaint. He denied the Complainant was made redundant as claimed, as he had declined other work. The Respondent did attend the hearing but was not required to give evidence in the absence of the Complainant. |
Findings and Conclusions:
Noting the registered letter issued by the WRC was returned as gone away, there is an obligation on a Complainant to inform the WRC of any change of address. The WRC made further efforts to contact the Complainant regarding the date of the hearing by email and telephone. In circumstances where the Complainant became uncontactable I am satisfied to issue a decision rejecting the appeal on the basis that no evidence was presented to support the appeal at a hearing arranged for that purpose. |
Decision:
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.
CA-00063547-001 The appeal by Paul Lawrence against the refusal of Bob the Fixer Ltd to pay him statutory redundancy is rejected. |
Dated: 3rd of December 2024
Workplace Relations Commission Adjudication Officer: Janet Hughes
Key Words:
Statutory Redundancy – no attendance by Complainant-appeal rejected |