ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00059771
Parties:
| Complainant | Respondent |
Parties | Sinead Lamb | McManus Mccabe Ltd |
Representatives | Self-Represented | Teresa McCabe |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 30 and 31 of the Maternity Protection Act 1994 | CA-00072796-001 | 25/06/2025 |
Date of Adjudication Hearing: 03/12/2025
Workplace Relations Commission Adjudication Officer: Conor Stokes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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.
Background:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The respondent was represented at the hearing by its two directors; the complainant did not attend the hearing of this matter. |
Summary of Complainant’s Case:
The complainant did not attend the hearing of this matter |
Summary of Respondent’s Case:
The respondent attended the hearing. |
Findings and Conclusions:
The complainant contacted the WRC in the days prior to the hearing to indicate that there was a family funeral on the same day as the hearing. The complainant was asked to provide documentary evidence in order to consider a postponement/adjournment, but no further communication was received from the complainant. The hearing began with a 15-minute pause to allow the complainant to contact the WRC or to enter the remote hearing, but no contact was made. She did not make contact with, or provide documentary evidence to, the WRC in the 24 hours post-hearing. As the complainant did not attend the hearing, she did not provide any evidence that the Act was contravened. |
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.
Having regard to the circumstances of the hearing, my decision is that the complainant has not established that the Act was contravened. |
Dated: 05/12/2025
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Maternity protection Act – nonattendance at hearing – contravention not established by complainant |