ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00008702

Parties:

Complaint(s):

Date of Adjudication Hearing: 29/11/2017

Workplace Relations Commission Adjudication Officer: Stephen Bonnlander

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 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.

On the day of the scheduled hearing, which was the third date on which the within complaint had been scheduled for hearing, with two prior dates having to be cancelled before proceedings began, the respondent and its representatives were in attendance. The complainant was not in attendance. I adjourned the start of the hearing for 15 minutes in case he had been delayed. The complainant remained absent, however.   In the 25 hours which followed, the complainant did not contact the Commission in any way to explain his absence and to put forward reasons why a fresh hearing should be scheduled.

Decision:

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

Section 41 of the Workplace Relations Act 2015 requires that I inquire into a complaint delegated to me by the Director General and give the parties an opportunity to be heard and to present evidence to me.

I find that the failure of the complainant to attend such a hearing was unreasonable in the circumstances described above and that therefore any obligation under Section 41 has ceased. As no evidence was given at the hearing in support of the complainant’s allegations I conclude the investigation and find against the complainant.

Dated:   18th December 2017

Workplace Relations Commission Adjudication Officer: Stephen Bonnlander

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