ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000936

Complaints for Resolution:

Date of Adjudication Hearing: 31/03/2016

Workplace Relations Commission Adjudication Officer: Aideen Collard

Procedure:

In accordance with Section 41 of the Workplace Relations Act 2015, following the referral of the aforesaid 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.

Complainant’s Submission and Presentation:

Aside from his claim form/s, the Complainant did not submit any written submissions or supporting documentation to the Workplace Relations Commission (hereinafter ‘the WRC’). The Complainant did not attend the hearing in relation to these complaints which commenced as scheduled in Tom Johnson House, Haddington Road, Dublin 4 on Thursday 31^st March 2016 at 10.30am and concluded at 11am. The Complainant therefore did not proffer any evidence in support of these complaints.

Respondent’s Submission and Presentation:

The Respondent’s Operations Manager and Shift Supervisor attended and submitted written documentation supporting the Respondent’s contention that the aforesaid complaints had been resolved and/or were unfounded. They submitted that the Complainant had made multiple complaints against the Respondent to various fora without firstly seeking to resolve same at local level and/or through the Company Grievance Procedure. They also confirmed that although the Complainant had been on annual leave for the past week and may be abroad, he would have been at home and attending work when the letters notifying the Parties of the hearing details were received. As the Complainant was not in attendance to prosecute his complaints, I did not hear any evidence.

Decision:

I am satisfied that by letter dated 8^th March 2016, the Complainant was properly notified in writing of the venue, date and time of the hearing at the address provided and further, that he did not contact the WRC to indicate any difficulty with attending or seek an adjournment. A 28 day period has been allowed after the hearing before issuing this decision, to allow for the Complainant to contact the WRC with an explanation for his non-attendance at the hearing but no such contact has been made. I find the Complainant’s non-attendance at the hearing to pursue his complaints unreasonable in the circumstances and his claims therefore fail for lack of prosecution.

Dated:  18^th July 2016