ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00006287
| Complainant | Respondent |
Anonymised Parties | Investigation Specialist | Customer Service Company |
Representatives | Complainant was to appear in person | Anna Broderick, Eversheds |
Complaint 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-00008589-001 | 05/12/2016 |
Date of Adjudication Hearing: 28/03/2017
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Location of Hearing: Radisson Blu Hotel Cork
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complainant made a complaint of Unfair Dismissal to the WRC on 5 December, 2016. |
Summary of Complainant’s Case:
The complainant submitted an extensive summary and outline of her case by way of written submission. She stated that she wished to contest her dismissal on 28 July 2016. |
Summary of Respondent’s Case:
The respondent submitted an extensive summary and outline of the company response to the claim, stating that the complainant had not passed her probationary period. |
Findings and Conclusions:
There was no appearance by either party on the day of the hearing. |
Decision:
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 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.
Both parties had submitted written submissions to the WRC which were exchanged to the parties and read by me in advance of the hearing. Both parties were on notice of the hearing from 21 February, 2017. On the day of the hearing, I waited for the arrival of the parties. When they failed to appear, I contacted the WRC Headquarters and ascertained that no contact had been established by either party. I waited at the venue for over an hour, during which time; I did not receive any detail on the party’s non appearance. There was no further contact from either party. I am satisfied that both parties were on notice of the hearing. I must find, therefore that I dismiss the claim for want of prosecution. |
Dated: 05/04/2017
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Key Words:
Unfair Dismissal /Probation |