ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055408
Parties:
| Complainant | Respondent |
Parties | Marta Toman | Bake Barn |
| Complainant | Respondent |
Anonymised Parties |
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Representatives | The Complainant did not attend and was not represented at the hearing. | The Respondent did not attend and was not represented at the hearing. |
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-00067514-002 | 19/11/2024 |
Date of Adjudication Hearing: 09/01/2025
Workplace Relations Commission Adjudication Officer: Eileen Campbell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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.
The hearing was scheduled as an in person hearing to take place in Lansdowne House.
While the parties are named in the Decision, I will refer to Mrs Marta Toman as “the Complainant” and to Bake Barn as “the Respondent”.
Having waited a reasonable period of time, there was no appearance by or on behalf of the Complainant or the Respondent at the hearing on 09/01/2025. I am satisfied that the Complainant was duly notified of the details of the hearing by registered post. The Complainant did not attend. A postponement had not been sought. I am satisfied the Respondent was duly notified of the hearing details by registered post. A postponement had not been sought.
Background:
These matters came before the Workplace Relations Commission dated 19/11/2024. The Complainant alleges contravention by the Respondent of provisions of the above listed statute in relation to her employment with the Respondent. The aforesaid complaint was referred to me for investigation. A hearing for that purpose was scheduled to take place on 09/01/2025.
Having waited a reasonable period of the time on the day, there was no appearance by or on behalf of the Complainant. I am satisfied the Complainant was duly notified of the details of the hearing. The Complainant did not attend. A postponement had not been sought.
The Respondent did not attend the hearing and I am satisfied she was duly notified of the details of the hearing. The Respondent did not attend. A postponement had not been sought.
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Summary of Complainant’s Case:
CA-0067514-002 There was no appearance by or on behalf of the Complainant at the adjudication hearing. |
Summary of Respondent’s Case:
CA-0067514-002 There was no appearance by or on behalf of the Respondent at the adjudication hearing. |
Findings and Conclusions:
CA-0067514-002 There was no appearance by either party at the hearing. I am satisfied the parties were notified in accordance with WRC procedures in writing of the date, time and place at which the hearing to investigate the complaint would be held.
There was no application for a postponement submitted in the weeks or days preceding the hearing. I have waited a more than reasonable period of time before drafting this decision just in case the Complainant makes contact with the WRC. I am satisfied the Complainant did not make contact either immediately before the hearing, during the hearing or in the intervening period since the hearing. As of the date of this decision there has been no further communication received from or on behalf of the Complainant. The Complainant did not attend the hearing to appeal against the failure of her employer to pay a redundancy. In these 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.
CA-0067514-002 Based on the circumstances outlined above and in the absence of any evidence to the contrary having been adduced before me, I decide this complaint is not well-founded. |
Dated: 23/01/2025.
Workplace Relations Commission Adjudication Officer: Eileen Campbell
Key Words:
No appearance either party; |