ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00055488

Parties:

Complaints:

Date of Adjudication Hearing:  04/02/2025

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 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. The matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.

Background:

The Complainant submitted complaints for minimum notice and payment of wages which were received on 20 November 2024.  There is another claim of unfair dismissal which is subject to a separate reference number.

On 9 January 2025 the notice of the hearing was sent to the Complainant and on 30 January 2025 she was requested to provide the email address for any persons who might accompany her to the hearing.  On 31 January 2025 the Complainant emailed WRC to state that she was not attending the hearing on 4 February due to “pregnancy and a medical condition”.  She was advised that as it was too late to postpone the hearing, she must attend the on line hearing and seek an adjournment.  The Complainant did not attend on 4 February and the Adjudication Officer waited some time to allow for her appearance.  On 4 February 2025 a letter issued to the Complainant requesting her to provide medical evidence of the specific reason for her non-attendance and that she would then be advised whether a postponement could be granted, and another hearing date assigned.  On 18 March 2025 the Complainant was emailed to advise that “as no reply was received to our letter of 04/02/2025 this is to inform you that the Adjudication Officer advises you that the decision will issue as you have not attended the hearing or provided medical evidence in support of your inability to attend”.  

Findings and Conclusions:

As the Complainant did not attend the hearing and did not provide evidence to excuse her failure to attend and prosecute her complaints, I find the complaints to be not well founded.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

CA-00067522-001             Minimum Notice & Terms of Employment Act 1973.

Section 12 of the Minimum Notice & Terms of Employment Act 1973 requires that I make a decision in relation to the redress provisions of that Act.

Based on the reasons and findings above, I have decided that the complaint is not well founded.

CA-00067522-002             Payment of Wages Act 1991

Section 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to the redress provisions of that Act.

Based on the reasons and findings above, I have decided that the complaint is not well founded.

Dated:   07.04.2025

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Key Words: