ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00056061

Parties:

	Complainant	Respondent
Parties	Xin Hu	LCCL Limited T/A Hair Design & Beauty Salon

	Complainant	Respondent
Anonymised Parties

Representatives

The Complainant did not attend and was not represented at hearing.

Mr Darren Lalor BL instructed by IMK Law Solicitors

Complaint:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00068328-001	23/12/2024

Date of Adjudication Hearing: 14/03/2025

Workplace Relations Commission Adjudication Officer: Eileen Campbell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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. The hearing was conducted in person in Lansdowne House.

While the parties are named in the Decision, I will refer to Xin Hu as “the Complainant” and to LCCL Limited T/A Hair & Beauty Salon as “the Respondent”.

The Complainant did not attend and was not represented at the hearing. Mr Liang Chang attended on behalf of the Respondent. The Respondent was represented by Mr Darren Lalor BL instructed by IMK Law Solicitors. Ms Sophie Song Legal Assistant of IMK Law Solicitor was in attendance also.

Having waited a reasonable period of time there was no appearance by or on behalf of the Complainant at hearing on 14/03/2025. I am satisfied that the Complainant was duly notified of the details of the hearing on 21/02/2025 in line with WRC procedures. A postponement had not been sought.

Background:

This matter came before the WRC dated 23/12/2024. 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 14/03/2025.

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 Complainant has not availed herself of the considerable resources put at her disposal by the Workplace Relations Commission.

Furthermore, the Complainant’s non-appearance at hearing represents a level of discourtesy to the Commission that is unacceptable and which has put the Respondent to avoidable cost and to the inconvenience of attending at hearing unnecessarily.

Summary of Complainant’s Case:

CA-00068328-001

There was no appearance by or on behalf of the Complainant at the adjudication hearing.

Summary of Respondent’s Case:

CA-00068328-001

The Respondent attended the hearing. In circumstances where the Complainant did not attend there was no requirement for evidence to be presented by the Respondent.

Findings and Conclusions:

CA-00068328-001

There was no appearance by the Complainant at the adjudication hearing. I am satisfied the Complainant was notified in writing of the date, time and place at which the hearing to investigate the complaint and dispute would be held. There was no application for a postponement submitted in the weeks or days preceding the hearing.

As of the date of this decision there has been no further communication received from or on behalf of the Complainant.

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 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.

CA-00068328-001

For the reasons set out above, I decide this complaint is not well-founded.

Dated: 26th of March 2025

Workplace Relations Commission Adjudication Officer: Eileen Campbell

Key Words:

Complainant did not attend;