ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00035467
Parties:
| Complainant | Respondent |
Parties | Noeleen Kane | FKM Management |
Representatives | Matthew Byrne Burns Nowlan Solicitors |
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Complaint(s):
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-00046559-001 | 06/10/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00046559-002 | 06/10/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00046559-003 | 06/10/2021 |
Date of Adjudication Hearing: 26/07/2022
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 and Section 8 of the Unfair Dismissals Acts, 1977 – 2015, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
A complaint was received by the Director General of the Workplace Relations commission from Noleen Kane on 6 October 2021, alleging that her former employer FKM Management contravened the provisions of the above Acts, in relation to her. The said complaint was referred to me for investigation. A hearing for that purpose was held on 26 July 2022. 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.
In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaints are not well-founded and I decide accordingly.
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Summary of Complainant’s Case:
The Complainant did not attend the hearing. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. |
Findings and Conclusions:
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CA-00046559-001
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
The complaint is not well founded. |
CA-00046559-002
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.
|The complaint is not well founded. |
CA-00046559-003
Decision:
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
The complaint is not well founded. |
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Dated: 11th October 2022
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
No Show |