ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002120
Complaints for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00002869-001 | 26/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00002869-003 | 26/02/2016 |
Date of Adjudication Hearing: 07/07/2016
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 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.
Complainant’s Submission and Presentation:
The complainant stated in the complaint form that he returned after sick leave and was told that he ‘was fired’ without notice or pay in lieu of notice.
He did not attend the hearing.
Findings and Conclusions
I find that the complainant was properly notified of the hearing and failed to attend or provide any explanation for his failure to do so. The hearing was delayed sufficiently to take account of any possible delay in attending, but again there was no explanation provided for any delay.
The complaint therefore falls for the want of prosecution.
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.
For the reasons stated above I dismiss both complaints.
Dated: 4th August 2016