ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00035398

Parties:

Complaint

Date of Adjudication Hearing:  23/04/2024

Workplace Relations Commission Adjudication Officer:  Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and under section 81E of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provisions) Act 2004 following the referral of the complaint to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.

The required Oath or Affirmation was administered to all witnesses present. The legal perils of committing Perjury was explained to all parties.

1:            Non-Attendance of Complainant

The Adjudication Officer was satisfied that proper notice of the date, time and place of the Hearing had been properly served on the Complainant.

 The Complainant did not attend. A period of some two weeks was allowed post the Hearing for receipt of mitigation explanation. None were received.

Accordingly, the complaint is deemed to be Not Properly Founded and is closed.

2:        Findings and Conclusions:

3:        Decision:

Section 41 of the Workplace Relations Act 2015 and section 81E of the Pensions Act, 1990 as amended by the Social Welfare (Miscellaneous Provisions) Act 2004 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the cited Acts.

CA: 00046586-001

The complaint is deemed Not Well Founded and is closed.

Dated: 17/06/2024

Workplace Relations Commission Adjudication Officer:  Michael McEntee

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