ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001611

Complaint for Resolution:

Date of Adjudication Hearing: 13/04/2016

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 8(1B) of the Unfair Dismissals Act, 1977, 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.

Complainant’s Submission and Presentation:

The complainant did not attend.

The respondent is engaged in the delivery of items to residential premises and others. In his written complaint the complainant said that he had been dismissed because an item that he had been required to deliver was found in a refuse bin.

He said he could not properly recollect the incident in question. The issue was investigated by the respondent but the complainant said that his employer did not fully acknowledge, or take into account his confused state of mind at the time.

Respondent’s Submission and Presentation:

The Respondent had made a full written submission in respect of the incident, the seriousness of the issue and how it had processed the matter.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 8(1B) of the Unfair Dismissals Act, 1977 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.

I am satisfied that the complainant had been properly notified and was fully aware of the arrangements for the hearing. In fact he had applied for an adjournment which had been refused.

Accordingly, in view of the failure of the complainant to attend to present his case I dismiss his complaint.

Dated:   16^th August 2016