ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003833

Complaint for Resolution:

Date of Adjudication Hearing: 24/11/2016

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 8(1B) of the Unfair Dismissals Act, 1977, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Complainant’s Submission and Presentation:

The complainant had submitted in his letter of complaint that the respondent had dismissed him for alleged Gross Misconduct for failure to report an alleged accident. The matter was the subject of an investigation, a disciplinary hearing and appeal in local procedures.

He further contended that the process was fundamentally flawed in that fair procedures did not apply in the investigation and his responses were not given due consideration.

He further contended that the employer did not adequately consider alternatives to the termination of his employment.

The complainant did not attend the hearing.

Respondent’s Submission and Presentation:

The respondent attended the hearing.

Decision:

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.

As the complainant did not attend the hearing and did not offer any reasonable explanation for his failure to do so his complaint falls for want of prosecution.

Accordingly I do not uphold complaint CA-00005576-001 and I dismiss it.

Dated:   08/03/2017