ADJUDICATION OFFICER RECOMMENDATION

Adjudication Recommendation Reference: ADJ-00003484

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 24/08/2016

Workplace Relations Commission Adjudication Officer: Louise Boyle

Procedure:

The dispute comes before me pursuant to Section 13 (1) Industrial relations Act, 1969 following the referral of the dispute to me by the Director General pursuant to the Workplace Relations Act, 2015. I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

Attendance at Hearing:

Complainant’s Submission and Presentation:

The Complainant submitted on the complainant form that he had been emailed on June 4^th 2016 at 6pm advising that his employment was terminated on the basis that he was a bad fit for the company. He had received no prior warnings and had no conversations with his employer around this and it came as a big shock to him. He had never received a contract of employment and pay slips were often late. The email mentioned that he could have a computer from the company and could also take on a client of the company. The complainant expressed in his complaint form how hurt he was by the manner in which he was treated.

The Complainant failed to attend the Hearing.

Respondent’s Submission and Presentation:

The respondent in a written statement, submitted in advance, advised that he objected to the hearing on the basis of his understanding that the complainant is not covered by the Unfair Dismissal Act 1997, as he had only five months service. The respondent attended on the day.

Issues for Recommendation:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint/dispute and Section 13 (3) (A) (i) Industrial Relations Act, 1946 requires that I make a recommendation in relation to the dispute.

Legislation involved and requirements of legislation:

Workplace Relations Act 2015, Industrial Relations Acts

Recommendation:

As the Complainant failed to attend the hearing, I confirmed that a letter had issued notifying the Complainant of the date, time and location of the hearing and find their non-attendance without any acceptable explanation to be unexplained in the circumstances, and my recommendation is, therefore:

CA-00005090-001 – Industrial Relations Acts

The claim is dismissed for want of prosecution.

Dated:   16^th November 2016