ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056226
Parties:
| Complainant | Respondent |
Parties | Yongjian Wang | Fun Tech Ltd [in liquidation Liquidator Mr Barry Forrest Forrest & Co] |
Representatives | The Complainant did not attend and was not represented at the hearing. | The Respondent did not attend and was not represented at the hearing. |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022 | CA-00068431-004 | 05/01/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00068431-005 | 05/01/2025 |
Date of Adjudication Hearing: 30/05/2025
Workplace Relations Commission Adjudication Officer: Eileen Campbell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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. The hearing was scheduled as an in person hearing to take place in Lansdowne House.
While the parties are named in the Decision, I will refer to Mr Yongjian Wang as “the Complainant” and to Fun Tech Ltd as “the Respondent”.
Having waited a reasonable period of time, there was no appearance by or on behalf of the Complainant or the Respondent at the hearing on 30/05/2025.
Background:
These matters came before the Workplace Relations Commission (WRC) dated 05/01/2025. The Complainant alleges contravention by the Respondent of provisions of the above listed statutes in relation to their employment with the Respondent. The aforesaid complaints were referred to me for investigation. A hearing for that purpose was scheduled to take place on 30/05/2025.
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.
Neither the Respondent nor his representative attended the hearing. I am satisfied the Respondent representative was duly notified of the details of the hearing and there was no appearance on the day.
|
Summary of Complainant’s Case:
CA-00068431-004/5 There was no appearance by or on behalf of the Complainant at the adjudication hearing. |
Summary of Respondent’s Case:
CA-00068431-004/5 There was no appearance by or on behalf of the Respondent at the adjudication hearing. |
Findings and Conclusions:
CA-00068431-004/5 There was no appearance by either party at the hearing. I am satisfied the parties were notified in accordance with WRC procedures in writing of the date, time and place at which the hearing to investigate the complaints would be held.
I have waited a more than reasonable period of time before drafting this decision just in case the Complainant makes contact with the WRC. I am satisfied the Complainant did not make contact either immediately before the hearing, during the hearing or in the intervening period since 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 complaints are 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 complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
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.
CA-00068431-004/5 Based on the circumstances outlined above and in the absence of any evidence to the contrary having been adduced before me, I decide these complaints are not well-founded. |
Dated: 18-06-2025
Workplace Relations Commission Adjudication Officer: Eileen Campbell
Key Words:
No appearance by either party; |