ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00044037

Parties:

	Complainant	Respondent
Parties	Wayne Greene	Panda

Representatives

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00054579-001	19/01/2023

Date of Adjudication Hearing: 21/09/2023

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 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:

The Complainant was employed as a Sales Manager from 11th October 2021 until 16th January 2023.

Summary of Complainant’s Case:

The Complainant received a letter on 6th December 2022 notifying him the company was ceasing trading and he would have to re-interview for his role. He interviewed for the role of Sales Manager and Sales and Retention Manager. He was advised he was unsuccessful, and told he would be paid one month’s notice. He asked to revert to his sales agent role. He was told these roles are only available in the Slane office, even though there are sales staff in the Ballymount office where he worked.

The Complainant worked his way up to team lead and Sales Manager working 50 hour weeks, increasing sales and productivity and exceeding targets.

Summary of Respondent’s Case:

There was no appearance by or on behalf of the Respondent.

Findings and Conclusions:

There was no appearance by or on behalf of the Complainant at the hearing.

I am satisfied the Complainant was notified of the date and time of the hearing. There was no appearance by or on behalf of the Respondent.

In the circumstances, I must conclude the complaint 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.

The complaint is not well founded.

Dated: 14th March 2024

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll

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