ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00061818
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | An Employer |
Representatives | None in attendance | Mason Hayes & Curran LLP |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022 | CA-00075122-001 | 04/09/2025 |
Date of Adjudication Hearing: 26/05/2026
Workplace Relations Commission Adjudication Officer: Kara Turner
Procedure:
The complainant referred a complaint under the Sick Leave Act 2022 to the Workplace Relations Commission on 4 September 2025.
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.
Written submissions on behalf of the respondent were received in advance of the hearing and exchanged with the complainant.
The complainant did not engage with the Commission subsequent to the complaint referral and did not attend the hearing on 26 May 2026 which was arranged for the adjudication of the complaint.
An employee of the respondent attended the hearing on behalf of the respondent along with the respondent’s legal representative.
I closed the hearing on 26 May 2026 after allowing some time for any delay on the part of the complainant.
Findings and Conclusions:
The complainant did not contact the Commission to advise of any difficulty on their part in attending the hearing on 26 May 2026, or to inform the Commission that they would not be attending. As of the date of this decision, the complainant has not been in contact with the Commission in relation to the hearing date or in furtherance of the claim. I am satisfied that the complainant was notified of the hearing arrangements in accordance with the contact information provided. There is no information before me to explain the complainant’s non-attendance or their failure to contact the Commission regarding the hearing. The respondent was prepared to defend the complaint. In the circumstances and in the absence of any evidence to the contrary, I must conclude that the complaint against the respondent is not well founded, and I decide accordingly. On the respondent’s application to anonymise the decision, I determine special circumstances to exist where publication is not fundamental having regard to how this case has been disposed of. I also do not consider, in the circumstances, there to be a public benefit or interest of the nature that is engaged in the administration of justice. |
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.
In the circumstances set out herein, my decision is that the complaint referred against the respondent is not well founded. |
Dated: 17-06-2026
Workplace Relations Commission Adjudication Officer: Kara Turner
Key Words:
Sick Leave Act 2022 – No attendance by the complainant at the hearing – Special circumstances - Anonymisation of decision |