ADJUDICATION OFFICER RECOMMENDATION

Adjudication Recommendation Reference: ADJ-00002912

Dispute:

Date of Adjudication Hearing: 13/03/2017

Workplace Relations Commission Adjudication Officer: Aideen Collard

Location of Hearing: Lansdowne House, Ballsbridge, Dublin 4

Procedure:

Pursuant to Section 13 of the Industrial Relations Acts 1969, the Director General of the Workplace Relations Commission (hereinafter ‘WRC’) referred the aforesaid dispute received on 25^th April 2016, to me for adjudication. I proceeded to hearing on 13^th March 2017 and gave the Parties an opportunity to be heard and to present any relevant evidence.  There was no attendance on behalf of the Complainant and no application had been made to the WRC for an adjournment. I satisfied myself that a letter dated 11^th January 2017 had issued to the Complainant at the address provided, confirming the venue, date and time of the hearing. A General Manager attended on behalf of the Respondent and was of the view that the Complainant was aware of the impending hearing as there had been contact between the Parties. I confirmed that the Complainant had not contacted the WRC to indicate any difficulty attending. I also made enquiries as to his whereabouts with reception and allowed at least 30 minutes to elapse. Before excusing the Respondent, I indicated that I would allow a reasonable period of time for the Complainant to contact the WRC with an explanation for his non-attendance and depending upon the nature of same, the hearing may be rescheduled.

Summary of Complainant’s Case:

As a former employee with less than 12 months’ service, the Complainant made a complaint of constructive dismissal against the Respondent, referred to the WRC under Section 13 of Industrial Relations Act 1969. There was no attendance on his behalf at the hearing to confirm that he wished to pursue this dispute and no oral, documentary or other evidence was given in support of same.

Summary of Respondent’s Case:

A General Manager on behalf of the Respondent attended at the hearing with the requisite documentation to mount a full defence in response to the Complainant’s complaints.

Recommendation:

I am required to deal with this dispute under the Section 13 of the Industrial Relations Act 1969. I am satisfied that a letter dated 11^th January 2017 issued to the Complainant at his address provided, confirming the venue, date and time of the hearing, and further, that he did not contact the WRC to indicate any difficulty attending or seek an adjournment. A period in excess of 28 days has been allowed to elapse after the hearing before issuing this decision, to allow for the Complainant to contact the WRC with an explanation for his non-attendance but no such contact has been made. I find his non-attendance at the hearing to pursue this dispute unreasonable in the circumstances. In the absence of any evidence from the Complainant, I also dismiss this dispute as being unfounded.

Dated:   28 March 2017

Workplace Relations Commission Adjudication Officer: Aideen Collard