ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00059536
Parties:
| Complainant | Respondent |
Parties | Ke Gong | Technologoical University Of The Shannon |
Representatives | No Appearance | Self-Represented |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00072241-001 | 09/06/2025 |
Date of Adjudication Hearing: 05/06/2026
Workplace Relations Commission Adjudication Officer: Brian Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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:
On 9th June 2025, the Complainant referred the present complaint to the Commission. A hearing in relation to these matters was convened for 5th June 2026 . This hearing was conducted by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. No technical issues were experienced during the hearing. There was no appearance by or on behalf of the Complainant at the hearing as scheduled. After allowing a period of time to elapse to account for lateness, the matter proceeded in their absence. |
Summary of Complainant’s Case:
As set out above, there was no appearance by or on behalf of the Complainant. Having reviewed the file it is apparent that the Complainant was informed of the time, date and venue of the hearing in the normal manner. Given that no application for adjournment was received in advance of the hearing, and no explanation was received thereafter, the below decision is issued in consideration of the Respondent’s position only. |
Summary of Respondent’s Case:
The Respondent attend the hearing with the relevant witnesses and documentation to defend the complaints. While the Respondent was ready to meet the complaints on their merits, they submitted that in the absence of the Complainant the matter should fail. |
Findings and Conclusions:
As set out above, the Complainant did not attend the hearing to provide sworn evidence in support of his complaint. In these circumstances I find that the Complainant has not prosecuted his complaint, and the same is duly deemed 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.
I find that the complaint is not well-founded. |
Dated: 27/08/2026
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance |