ADJUDICATION OFFICER DECISION/RECOMMENDATION

 Adjudication Reference: ADJ-00009811

Parties:

Anonymised PartiesRecruitment Business Partner -v- Financial Institution

Representatives   Mason Hayes & Curran

Complaint(s):

ActComplaint/Dispute Reference No.Date of Receipt Complaint seeking adjudication by the Workplace Relations Commission under Section 25 of the Protection of Employees (Temporary Agency Work) Act, 2012 CA-00012858-001 29/07/2017 Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts CA-00012858-002 29/07/2017  

Date of Adjudication Hearing: 07/11/2017

Workplace Relations Commission Adjudication Officer: Roger McGrath

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 13 of the IndustrialRelations Acts 1969]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:

The Complainant did not attend the hearing.  

Summary of Respondent’s Case:

The Respondent did attend the hearing.  

Findings and Conclusions:

I am satisfied the Complainant was communicated to regarding the date and time of the hearing.     There was an unexplained absence of the Complainant.  

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 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.] The Complainant did not attend the hearing convened to hear direct evidence in support of the complaint(s)/dispute(s).   The Employment Appeals Tribunal in Case No: UD1112/08 Kozlowski v Multi roofing Systems Ltd found: “The legal requirements place an onus on a Claimant to prosecute his case and to be present for the hearing”. The Complainant in this instant case did not attend the hearing and the complaint fails.  

Dated:   14 December 2017 Workplace Relations Commission Adjudication Officer: Roger McGrath