ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053531
Parties:
| Complainant | Respondent |
Parties | Hannah McKenna | OSPG Limited trading as O'Sullivan's Pharmacy |
Representatives | Did not Attend | Company Principal |
Complaint:
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-00065337-001 | 06/08/2024 |
Date of Adjudication Hearing: 07/11/2024
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following 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 complaint was submitted to the Workplace Relations Commission (WRC) on 6th August 2024 and relates to the complainant’s redundancy entitlements. The correct entity name was clarified by the respondent at the commencement of the adjudication hearing and is reflected in this decision. |
Summary of Complainant’s Case:
The complainant did not attend the adjudication hearing and was not represented. |
Summary of Respondent’s Case:
The respondent attended the adjudication hearing to present its position in relation to the complaint. |
Findings and Conclusions:
The complaints were received by the Director General of the WRC on 6th August 2024 whereby the complainant alleged that her former employer contravened the provisions of the Redundancy Payments Act, 1967 in relation to her. The complaint was assigned the complaint application number CA-00065337-001. The said complaints were referred to me for investigation. A remote adjudication hearing for that purpose was arranged for 7th November 2024 at 10.30am. There was no appearance by or on behalf of the complainant at the hearing. The commencement of the hearing was delayed by 15 minutes to facilitate the late arrival of the complainant. The complainant had been notified of the time and date of the hearing and had been engaging in correspondence with the WRC on the complaint. As the complainant did not attend on the day, a staff member of the WRC sent an email seeking clarification from the complainant in relation to her attendance to establish if there were any issues that prevented the complainant from attending the hearing. There was no response, and the complainant has made no further contact with the WRC on the issue. |
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.
In all of the circumstances of the matter, I must conclude that the within complaint (CA-00065337-001) is not well-founded and I decide accordingly. |
Dated: 08-11-2024
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Redundancy complaint, non-attendance by complainant |