Adjudication Reference: ADJ-00051867
Parties:
| Complainant | Respondent |
Parties | Lorraine Deegan | Link Personnel |
| Complainant | Respondent |
Anonymised Parties |
|
|
Representatives | Did not attend | Company Management. |
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-00063594-001 | 21/05/2024 |
Date of Adjudication Hearing: 16/07/2024
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 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 by the Respondent from 20th September 2021 until 28th December 2023. The Complainant was employed in an Accounts Payable position. This complaint was received by the Workplace Relations Commission on 21st May 2024. |
Summary of Complainant’s Case:
The Complainant did not attend the scheduled hearing of this complaint. |
Summary of Respondent’s Case:
The Respondent attended the scheduled hearing of this complaint and was fully prepared to present a defence against the complaint. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission on 21st May 2024 from the Complainant alleging that her former employer contravened the provisions of the Redundancy Payments Act, 1967 in relation to her. The said complaint was referred to me for investigation. A hearing for that purpose was held on 16th July 2024. There was no appearance by or on behalf of the complainant at the hearing. I am satisfied that the said complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held. I note that the complainant sent an email to the Workplace Relations Commission at 15.14 on 16th July 2024. This email read as follows: “Due to unforeseen circumstances, I was unable to attend meeting scheduled for this morning, my apologies. Can you advise what the procedure is now going forward please”. I do not accept that this explanation is reasonable or acceptable. Considering all 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 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
Considering all 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. |
Dated: 05/09/2024
Workplace Relations Commission Adjudication Officer: Jim Dolan