ADJUDICATION OFFICER DECISION

 Adjudication Reference: ADJ-00006538

Parties:

Anonymised Parties Driver and General Operative Fish Merchant

Representatives Dunlevy & Barry Solicitors / Adare HR               

Complaints:

ActComplaint/Dispute Reference No.Date of Receipt Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act 1977.

CA-00008940-001 2nd January 2017 Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act 1973. CA-00008940-002 2nd January 2017 Complaint seeking adjudication by the Workplace Relations Commission under Section 7 of the Terms of Employment (Information) Act 1994.

CA-00008940-003 2nd January 2017

Date of Adjudication Hearings: 15th March 2017 and 4th October 2017

Workplace Relations Commission Adjudication Officer: Seán Reilly

Procedure:

In accordance with Sections 41 and 80 of the Workplace Relations Act 2015, Section 8 of the Unfair Dismissals Act 1977, Section 11 of the Minimum Notice & Terms of Employment Act 1973 and Section 7 of the Terms of Employment (Information) Act 1994 andfollowing the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.  

Background:

At the first date of the Hearing, on 15th March 2017, the Respondent’s Representative presented and read out their written statement and answered some questions.   The Hearing was then adjourned with the agreement and consent of all parties. Both parties were notified in writing by letter of 17th August 2017 of the date time and location of the resumed Hearing on 4th October 2017.   The Complainant and his Representative were not in attendance at the resumed Hearing.  

Findings and Conclusions:

The Complainant was not present or represented at the resumed Hearing on 4th October 2017, despite being notified in writing of the date, time and location of the Hearing.   Accordingly I must find and conclude that all of the complaints under the Unfair Dismissals Act 1977, the Minimum Notice & Terms of Employment Act 1973 and the Terms of Employment (Information) Act 1994 are not well founded.

Decisions:

Sections 41 and 80 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act. Section 8 of the Unfair Dismissals Acts 1977 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. Section 11 of the Minimum Notice and Terms of Employment Act 1973 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Section 12 of the 1973 Act. Section 7 of the Terms of Employment (Information) Act 1994 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under the same Section of the 1994 Act. The Complainant was not present or represented at the resumed Hearing on 4th October 2017, despite being notified in writing well in advance of the date, time and location of the Hearing, accordingly I must find, declare and decide that each and all of the complaints under the 3 Acts are not well founded; they are rejected and are not upheld.   The following are my decisions in relation to the complaints under each of the 3 Acts: CA-0000-8940-001: Unfair Dismissals Act 1977: 

The Complainant was not present or represented at the resumed Hearing on 4th October 2017, despite being notified in writing well in advance of the date, time and location of the Hearing, accordingly I must find, declare and decide that the complaint under the Unfair Dismissals Act 1977 is not well founded; it is rejected and it is not upheld.

CA-00008940-002: Minimum Notice & Terms of Employment Act 1973: 

The Complainant was not present or represented at the resumed Hearing on 4th October 2017, despite being notified in writing well in advance of the date, time and location of the Hearing, accordingly I must find, declare and decide that the complaint under the Minimum Notice & Terms of Employment Act 1973 is not well founded; it is rejected and it is not upheld. CA-00008940-03: Terms of Employment (Information) Act 1994:      

The Complainant was not present or represented at the resumed Hearing on 4th October 2017, despite being notified in writing well in advance of the date, time and location of the Hearing, accordingly I must find, declare and decide that the complaint under the Terms of Employment (Information) Act 1994 is not well founded; it is rejected and it is not upheld.   Dated:   12/12/17  Workplace Relations Commission Adjudication Officer: Seán Reilly

Key Words: Unfair Dismissal, Minimum Notice and Terms of Employment.