ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048934
Parties:
| Complainant | Respondent |
Parties | Ian McLoughlin | Stafford Lynch Limited |
Representatives | Dylan Macaulay of D M Macaulay & Co. | Naledi Bisiwe of IBEC |
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-00060183-001 | 22/11/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00060183-002 | 22/11/2023 |
Date of Adjudication Hearing: 16/04/2024
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
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 complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
A hearing of these complaints was scheduled for 16 April 2024. Both parties were informed by letter dated 23 February 2024., which was sent to the complainant’s representative by email on 23 February 2024. The complainant did not attend and gave no reason for not attending the hearing. The Respondent did attend the hearing. |
Summary of Complainant’s Case:
The complainant did not attend and gave no reason for not attending the hearing. |
Summary of Respondent’s Case:
The Respondent did attend the hearing and was prepared to put forward its position in relation to the complaints. |
Findings and Conclusions:
The complaints were referred to me for investigation. A hearing for that purpose was scheduled for 16 April 2024. The there was no appearance by the complainant or his representative. I am satisfied the complainant was informed in writing of the date, time and place of the hearing. In these circumstances and in the absence of any evidence to the contrary I conclude the complaints are 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.
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
In the circumstances set above I decide that the complaints are not well founded. |
Dated: 13th May 2024
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
Key Words:
Complainant did not attend |