ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005621

Complaint for Resolution:

Date of Adjudication Hearing: 09/02/2017

Workplace Relations Commission Adjudication Officer: John Walsh

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.

Background:

The Complainant was employed as a warehouse operative from the 13^th of January 2014 to the 15^th of July 2016. He alleges that he was unfairly dismissed contrary to the terms of the Unfair Dismissals Act, 1977. He filed a complaint with the Workplace Relations Commission on the 25^th of October 2016.

Complainant’s Submission:

The Complainant did not attend at the hearing.

Respondent’s Submission:

The Respondent’s representative outlined the following submission;

That the Complainant was not dismissed from his employment. That the Complainant left the company of his own volition on the 15^th of July 2016 having previously told the Respondent that he was doing so. Through an oversight, his P45 did not issue until the 20^th of October 2016.

Decision:

Section 41(4) 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.

Based on the uncontested evidence presented at the hearing, I find that the complaint is not well-founded and therefore fails.

Dated:   19 May 2017