ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00053310

Parties:

Complaints:

Date of Adjudication Hearing:  09/10/2024

Workplace Relations Commission Adjudication Officer:  Aideen Collard

Procedure:

These complaints were referred under Section 41 of the Workplace Relations Act 2015 to the Workplace Relations Commission (hereinafter ‘WRC’) on 10th July 2023.  Following delegation to me by the Director General, I inquired into these complaints and gave the Parties an opportunity to be heard and to present any relevant evidence.  This matter was scheduled for remote hearing on 9th October 2024.  A Managing Partner attended on behalf of the Respondent.  There was no attendance by the Complainant.  Before commencing the hearing, I allowed a period of time to elapse and confirmed with the WRC Administrative Section that there had been no application for an adjournment and no difficulty attending had been indicated by or on behalf of the Complainant.  The WRC Concierge also attempted to call the Complainant on her phone number provided which had a ‘no connection’ tone.  Before excusing the Respondent, I indicated that I would allow until 16th October 2024 for the Complainant to contact the WRC with an explanation for her non-attendance and to apply for a further hearing date.  In circumstances where no further contact has been made by or on behalf of the Complainant by 16th October 2024, I have proceeded to issue this decision.

Summary of Complainant’s Case:

The Complainant referred these complaints to the WRC, claiming various outstanding payments upon leaving her employment with the Respondent in February 2023.  The burden of proof rested with the Complainant in relation to these complaints.  She did not attend at the hearing to either pursue these complaints or give evidence in discharge of the onus of proof in relation to same. 

Summary of Respondent’s Case:

A Managing Partner with the Respondent was in attendance and prepared to meet these complaints.  She confirmed that the Complainant had been in its employment between August 2021 and February 2023 when she resigned.  She said that it was company policy to follow up if any monies were alleged to be outstanding and resolve any issues at an early stage.  She furnished an exchange of correspondence between her and the Citizen’s Information Service on behalf of the Complainant.  It included vouching confirming that no outstanding monies were due and owing to the Complainant in respect of these complaints and she had been advised to withdraw same.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to these complaints.  Complainants are required to attend the hearing of their complaint/s to pursue same.  I am satisfied that a letter dated 16th August 2024 had issued to the Complainant at the email address provided, confirming the venue, date and time of the hearing, and further, that she did not contact the WRC to seek a postponement or indicate any difficulty attending.  A reasonable period of time has elapsed since the hearing before issuing this decision, to allow for the Complainant to contact the WRC with an explanation for her non-attendance but no such contact has been made to date.  Nor is the WRC in receipt of any confirmation of withdrawal of these complaints by the Complainant.

In all the circumstances, I regard the Complainant’s non-attendance at the hearing to pursue these complaints to constitute an abandonment of same.  In the absence of the Complainant’s attendance and any evidence adduced by or on her behalf, I find these complaints not to be well-founded.

Dated: 1st of November 2024

Workplace Relations Commission Adjudication Officer:  Aideen Collard