ADJUDICATION OFFICER DECISIONS
Adjudication Reference: ADJ-00005990
Anonymised Parties
Technician Vs Amusement Arcade
Not present or represented Vs Dunlevy & Barry Solicitors, Francis Gillespie
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-00008208-001
16th November 2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 7 of the Terms of Employment (Information) Act 1994.
CA-00008208-003
16th November 2016
Date of Adjudication Hearing: 17th May 2017
Workplace Relations Commission Adjudication Officer: Seán Reilly
Location of Hearing: WRC Offices, Sligo.
Procedure:
In accordance with Sections 80 and 41 of the Workplace Relations Act 2015, Section 8 of the UnfairDismissals Acts 1977, 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:
The Complainant was not present or represented at the Hearing.
Findings and Conclusions:
The Complainant was notified of the date, time and location of the Hearing, but was not present or represented at the Hearing and no explanation for their absence was received, nor was any subsequent communication received from them at the time of the writing of this decision. Accordingly I must find and conclude that the complaints under both Acts are not well founded and are rejected for lack of prosecution.
Decision:
A section 80 and 41 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 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.
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 of the same Section of the 1994 Act.
Based on the above findings and conclusions and in particular the fact that the Complainant was not present or represented at the Hearing the following are my decisions in relations to the complaints under the two Acts.
Unfair Dismissals Act 1977: CA-00008208-001: The Complainant was not present or represented at the Hearing, accordingly I must find, declare and decide that the Complainant was not unfairly dismissed by the Respondent and that the complaint under Section 8 of the Unfair Dismissals Act 1977 is not well founded; it is rejected and is not upheld for lack of prosecution.
Terms of Employment (Information) Act 1994: CA-00008208-003: The Complainant was not present or represented at the Hearing, accordingly I must find, declare and decide that the complaint under Section 7 of the Terms of Employment (Information) Act 1994 is not well founded, it is rejected and is not upheld for lack of prosecution.
Dated: 12th June 2017
Workplace Relations Commission Adjudication Officer: Seán Reilly
Key Words: Unfair Dismissal, Written Statement of Terms and Conditions of Employment.