ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000772

Complaint/Dispute for Resolution:

Date of Adjudication Hearing: 10/02/2016

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/dispute to me by the Director General, I inquired into the complaint/dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint/dispute..

Complainant’s Submission and Presentation:

The complainant was appealing the severity of the sanction of dismissal following disciplinary proceedings. He also complained under section 13 of the Industrial Relations Act regarding a ‘trade dispute’ in respect of which no details were provided.

He did not attend the hearing.

Respondent’s Submission and Presentation:

The respondent attended.

Decision:

Section 41(4) 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.

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 and also in respect of the claim under section 6 of the Payment of Wages Act..

As part of my investigation under the Acts, I am obliged to hold a hearing.

All reasonable efforts were made to inform the complainant of the hearing. I find that the complainants’ failure to attend such a hearing was unreasonable in the circumstances outlined above.

As no evidence was given at the hearing in support of the complaint, I conclude the investigation and find against the complainant for want of prosecution of his complaints.

I dismiss his claims under both Acts above.

Dated:   March 30^th 2016