ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053517
Parties:
| Complainant | Respondent |
Parties | Marcin Baszak | P & J Utilities Ltd. |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 39 of the Redundancy Payments Act, 1967 | CA-00065260-001 | 07/08/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00065927-001 | 11/09/2024 |
Date of Adjudication Hearing: 22/05/2025
Workplace Relations Commission Adjudication Officer: Bríd Deering
Procedure:
In accordance with section 41 of the Workplace Relations Act, 2015 and section 39 of the Redundancy Payments Acts, 1967 - 2014 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 and to present any evidence relevant to the complaints.
On 7th August and 11th September 2024, the Complainant presented two complaints to the Workplace Relations Commission (WRC). These complaints were scheduled for adjudication on 22nd May 2025 at the hearing rooms of the WRC Office in Carlow. Neither the Complainant or the Respondent attended the hearing. I verified that the Complainant and the Respondent had been served with notice of the time, date, and venue of the adjudication hearing. I waited some time to accommodate a late arrival. As there was no appearance by the Complainant or the Respondent, I closed the hearing. Neither the Complainant or the Respondent contacted the WRC in advance of or in the days following the scheduled hearing to indicate any difficulty with attending the hearing.
Summary of Complainant’s Case:
The Complainant did not attend the hearing to give evidence in relation to his complaints. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. An accountant emailed the WRC on behalf of the Respondent on 23rd August 2024 outlining that the Complainant’s redundancy payment had been calculated as per his statutory entitlement and provided supporting documents with respect to the calculation of same. |
Findings and Conclusions:
I am satisfied the Complainant was properly notified of the hearing arrangements in accordance with the contact information provided. The Complainant did not contact the WRC to indicate any difficulty on their part in attending the hearing, or to explain their non-attendance. As the Complainant did not attend the adjudication hearing to set out how the Respondent contravened the above statutes, I find that that the complaints are not well-founded. |
Decision:
Section 41 of the Workplace Relations Act, 2015 requires that I decide in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 39 of the Redundancy Payments Acts, 1967 – 2012 requires that I decide in relation to the complaint in accordance with the relevant redress provisions under that Act.
CA-00065260-001 As the Complainant did not attend the adjudication hearing, I decide to disallow the Complainant’s appeal. CA-00065927-001 As the Complainant did not attend the adjudication hearing, I decide this complaint is not well-founded. |
Dated: 29/05/25
Workplace Relations Commission Adjudication Officer: Bríd Deering
Key Words:
No attendance by the Complainant and the Respondent. |