Adjudication Reference: ADJ-00029052
Parties:
| Complainant | Respondent |
Parties | Shane Marren | Casey Resource Management Ltd Casey Technology |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives |
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|
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-00038922-001 | 27/07/2020 |
Date of Adjudication Hearing: 22/05/2023
Workplace Relations Commission Adjudication Officer: Anne McElduff
Procedure:
In accordance with Section 41 of the Workplace Relations Act [2015-2021] and Section 39 of the Redundancy Payments Act [1967-2021], following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to present any relevant evidence.
An adjudication hearing was convened in the Carlow WRC Hearing Room on 22/5/2023 @11am. I waited until 11.40am - however, neither party attended.
Summary of Complainant’s Case:
The Complainant submitted a Complaint Form to the WRC on 27/7/2020 in the course of which he claimed that he had not received any redundancy payment and that he did not receive his statutory minimum notice or pay in lieu. The WRC engaged with the Complainant and advised of the statutory time limits for submission of complaints to the WRC. The redundancy payment complaint was the only one scheduled for hearing on 22 May 2023. |
Summary of Respondent’s Case:
Prior to the adjudication hearing an individual engaged by email with the WRC stating that he had been notified of the complaint to the WRC but that he “had no interest (Shareholding or Directorship) in Casey Resource Management Ltd” and that the Respondent had been liquidated. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission from the Complainant on the 27th July 2020. The said complaint was referred to me for investigation. An adjudication hearing was convened on the 22nd May 2023. There was no appearance by or on behalf of the Complainant at the hearing. Having checked the file and spoken with the WRC Case Officer, I am satisfied the Complainant was properly notified by letter dated 6th April 2023 of the time, date and venue of the adjudication hearing.
In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I decide accordingly. |
Decision:
Section 39 of the Redundancy Payments Acts [1967-2016] requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
CA-00038922-001 For the reasons outlined this complaint is not well founded. |
Dated: 26/03/2024
Workplace Relations Commission Adjudication Officer: Anne McElduff
Key Words:
Redundancy Payment; Non-Attendance |