ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00003767
Parties:
| Complainant | Respondent |
Anonymised Parties | A Delivery Driver | A Wholesaler & Retailer Trader |
Complaint(s):
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-00005568-001 | 29/06/2016 |
Date of Adjudication Hearing: 27/02/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 - 2012, and/or Part VII of the Pensions Acts 1990 - 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000, and/or Section 13 of the Industrial Relations 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).
Background:
The Claimant is claiming unfair dismissal |
Summary of Respondent’s Case:
There was an unexplained absence of the Respondent |
Summary of Complainant’s Case:
The Claimant was employed by the Respondent from April 2015 until June 2016.The Claimant requested two weeks holidays with eight weeks’ notice. The Respondent was reluctant to allow it. However they made no attempt to make arrangements to cover his delivery route in his absence. When returned from his holidays he was told he had no job. |
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.
As there was an unexplained absence of the Respondent I accept the uncontested evidence presented on behalf of the Claimant. I find the claim well founded and award €5,000.00 in compensation.
Dated: 07 June 2017
Workplace Relations Commission Adjudication Officer: John Tierney
Key Words:
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