ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052314
Parties:
| Complainant | Respondent |
Parties | Mark O'Brien | Thomas A Kavanagh & Sons Ltd |
Representatives | No appearance | Self-represented |
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-00063812-001 | 29/05/2024 |
Date of Adjudication Hearing: 09/09/2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act 1967,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 submitted a complaint that he did not receive statutory redundancy lump sum.
The complaint form was received over 4 years since the end date of the Complainant’s employment.
Summary of Complainant’s Case:
The Complainant did not attend the hearing convened to investigate his complaint.
Summary of Respondent’s Case:
The Respondent attended the hearing.
Findings and Conclusions:
As the Complainant was notified of the date, time and venue for the hearing and he did not attend or send an explanation for his absence, I find that his 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.
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.
The Complainant did not attend the hearing to pursue his complaint. I have decided that the complaint is not well founded.
Dated: 16th September, 2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Redundancy, not well founded. |