ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002685

Complaints 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-00003750-001	08/04/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00003750-002	08/04/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00003750-003	08/04/2016

Date of Adjudication Hearing: 10/02/2017

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Description of Parties : A Driver -v- A Waste Disposal Company

Procedure:

This matter has come before the Adjudication services on foot of a workplace relations complaint form dated the 8^th of August 2016. The Complaint relates to a purported Unfair Dismissal by reason of Gross Misconduct (together with other associated claims) and has been referred in accordance with Section 41(4) of the Workplace Relations Act, 2015 to the Adjudication Services in order that a full inquiry into the issues can be made with an opportunity for the parties to be heard and any supporting evidence to be considered.

Complainant’s Submission and Presentation:

The Complainant was not available to give evidence. He had prior today’s hearing sought, through his Solicitor, a postponement – which said application was refused. The Complainant was in the country but chose not to make himself available to prosecute his complaint.

Respondent’s Submission and Presentation:

The Respondent in the circumstances sought an Order striking out the proceedings for want of prosecution together with an Order directing the payment of witness expenses where the Respondent company had turned up to robustly make it’s case with a number of witnesses.

Decision:

I am satisfied that the Complainant was on Notice of today’s hearing date and he himself opted not to make himself available, leaving his Solicitor instead to make excuses on his behalf. I am satisfied that it is appropriate correct and proportionate that I Strike out these proceedings for the want of prosecution. I make no Order with respect to witness expenses.

Dated: 17^th May 2017