ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000883

Complaint for Resolution:

Date of Adjudication Hearing: 12/08/2016

Workplace Relations Commission Adjudication Officer: Aideen Collard

Procedure:

In accordance with Unfair Dismissals Acts 1977-2007 and the Workplace Relations Act 2015, following the referral of the aforesaid complaints of unfair and/or constructive dismissal under Section 8 of the Unfair Dismissals Act 1977 to me by the Director General of the Workplace Relations Commission (hereinafter ‘WRC’), I inquired into the complaints and gave the Parties an opportunity to be heard and to present any relevant evidence. The Complainant did not attend the hearing whilst a Solicitor from LK Shields and a number of witnesses appeared on behalf of the Respondent.

Complainant’s Submission and Presentation:

The Complainant submitted his complaints of unfair and/or constructive dismissal under Section 8 of the Unfair Dismissals Act 1977 to the WRC on 7^th December 2015, and by email dated 2^nd March 2016, he submitted a response to the Respondent’s written position as set out in a letter to the WRC. However, he did not attend the hearing to prosecute his complaints, which commenced as scheduled in Lansdowne House, Ballsbridge, Dublin 4 on Friday 12^th August 2016 at 12.30pm and concluded at 1.15pm. He therefore did not proffer any evidence in support of these complaints.

Respondent’s Submission and Presentation:

The Solicitor for the Respondent confirmed that earlier that week she had been contacted by a Solicitor on behalf of the Complainant in another matter and confirmed that he was aware of the hearing date. The Solicitor for the Respondent had relayed the Respondent’s position that it was not the Complainant’s Employer, and having no legal relationship with the Complainant, is a stranger to these complaints. The Solicitor for the Complainant had not reverted back to confirm his position.

Decision:

I am satisfied that a letter dated 11^th July 2016 issued to the Complainant, confirming the venue, date and time of the hearing at the address provided, and further, that he or his Solicitor did not contact the WRC to indicate any difficulty attending or seek an adjournment. I am further satisfied that a Solicitor acting on his behalf was aware of the hearing date as scheduled. A period of time has been allowed to elapse after the hearing before issuing this decision, to allow for the Complainant or his Solicitor to contact the WRC with an explanation for his non-attendance 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. Therefore his complaints, Complaint Reference Numbers CA-00001310-001 and CA-00001310-002 fail for lack of prosecution and are accordingly dismissed.

Dated: 28^th September 2016