ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002738

Dispute for Resolution:

Date of Adjudication Hearing: 5th July 2016

Workplace Relations Commission Adjudication Officer: Seán Reilly

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act 2015 and Section 13 of the Industrial Relations Act 1969, following the referral of the dispute to me by the Director General,

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

Background:   

SIPTU and the Complainant were in dispute with the Respondent Employer in relation to his removal from the evening shift and the consequent loss of shift premium.   However the Complainant was not present at the Hearing and he sent no explanation for his absence.   The Complainant’s SIPTU Representative said he had spoken to the Complainant on the day before the Hearing and there was no problem, all was okay and it was confirmed the Hearing was going ahead the following day.   The Complainant had arranged to meet his Representative at the SIPTU Office prior to the Hearing and they were to travel from there to the Hearing together, however the Complainant did not turn up or appear at the Office.   The Complainant’s Representative tried, repeatedly, to contact him on the morning of the Hearing, but he got no response.     The Complainant’s Representative said he had no instruction from the Complainant to withdraw the claim/complaint.   The Respondent said that the Complainant had booked a day off work for the Hearing.

Findings and Recommendation:

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

Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation setting forth my opinion on the merits of the dispute.

The Complainant was not present at the Hearing and he sent no explanation for his absence.   Accordingly I must find and declare that I find no merit in the claim/complaint; that I find it is not well founded and it fails for lack of prosecution.

Dated: 20/10/2016