ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002254
Complaint(s)/Dispute(s) 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-00003056-001 | 05/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00003056-002 | 05/03/2016 |
Date of Adjudication Hearing: 14/12/2016
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 6 of the Payment of Wages Act, 1991 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).
Complainant’s Submission and Presentation:
I was dismissed by Ms AB (Store Manager) following an investigation carried out by Ms AC (Loss Prevention Officer). I appealed the decision but it was upheld. There are written disciplinary procedures in place. |
I was dismissed without receiving my statutory notice |
The Complainant did not attend the hearing. A period of time was allowed (two weeks) for any explanation for non attendance to be received. No explanation was forthcoming.
Respondent’s Submission and Presentation:
A formal written submission was presented to the hearing denying the claims in their entirety. The Respondent attended the hearing accompanied by witnesses.
Decision:
Section 41(4) of the Workplace Relations Act 2015 and or section 6 of the Payment of Wages Act, 1991 require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.
Section 8(1B) of the Unfair Dismissals Act, 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.
Issues for Decision:
Are there well founded claims under both the cited Acts?
Legislation involved and requirements of legislation:
Payment of Wages Act, 1991 and Unfair Dismissals Act, 1977
Decision:
As the Complainant did not attend the hearing and offered no explanation I accepted the Respondent’s position.
I was satisfied that proper notices of attendance had been issued to all parties
The claims (CA-00003056-001 and 002) are dismissed.
Dated: 1 February 2017