ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006778
Parties:
| Complainant | Respondent |
Parties | A Company Secretary | A Financial Services Company |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 28 of the Safety, Health & Welfare at Work Act, 2005 | CA-00009183-001 | 19/01/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00009183-002 | 19/01/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00009183-003 | 19/01/2017 |
Date of Adjudication Hearing: 09/08/2017
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Summary of Complainant’s Case:
No appearance |
Summary of Respondent’s Case:
The Respondent solicitor applied for an adjournment on the basis of non-availability of 2 key witnesses who were in Hong Kong. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
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.
The case was listed for an Adjudication hearing on 9 August 2017. An application for an adjournment was made by the Respondent on 25 July 2017 on the basis that two key witnesses would be out of the country. This was refused by the WRC on the basis that the hearing date had been allocated to the parties 3 days prior to the flights being booked. On 2 August 2017, a week prior to the hearing, the Complainant’s solicitor wrote to the WRC stating that the Complainant too was in difficulties on the hearing date but that they not seeking an adjournment but instead urged that the WRC allow the adjournment sought by the Respondent and stating that the Complainant would not appear at the hearing unless the 2 key Respondents witnesses were present. He explained that in his opinion, despite the WRC having refused the Respondent’s adjournment application, it was still likely that the adjournment of the case would be granted by the Adjudicator and therefore attendance at the hearing would be in vain. The WRC responded that the Respondent’s application had been refused and that case would proceed as listed. Therefore without having actually sought an adjournment, but relying on the Respondent’s request, neither the Complainant nor her solicitor then appeared at the hearing. The Respondent solicitor was present. He provided a letter received from the Complainant’s solicitor on 2 August stating that he, the Complainant solicitor would be relying on the Respondent solicitor to apply for an adjournment on the hearing day and that he was unable to attend. At the hearing the Respondent solicitor again applied an adjournment on the basis of non-availability of 2 key witnesses. This was again refused on the hearing date as the witnesses had notice of the hearing prior to travel arrangements being made. As there was no appearance by the Complainant or her solicitor the complaints could not be prosecuted. |
CA-00009183-001 This complaint is not well founded fails for want of prosecution
CA-00009183-002 This complaint is not well founded fails for want of prosecution
CA-00009183-003 This complaint is not well founded fails for want of prosecution
Dated: 17/8/17
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
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