ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00008557

Parties:

Complaint:

Date of Adjudication Hearing: 04/09/2017

Workplace Relations Commission Adjudication Officer: Aideen Collard

Procedure:

Pursuant to Section 41 of the Workplace relations Act 2015, the Director General of the Workplace Relations Commission (hereinafter ‘WRC’) referred the aforesaid complaint received on 10^th May 2017, to me for adjudication. I proceeded to hearing as scheduled on 4^th September 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 21^st July 2017 had issued to the Complainant at the address provided, confirming the venue, date and time of the hearing. An Academic Director attended on behalf of the Respondent and confirmed that he had recent telephone contact with the Complainant, and although abroad at the time he had been aware of the impending hearing. He also confirmed the correct legal name for the Respondent and had no objection to amending same.

I then proceeded to confirm with the Post Registration Unit that the Complainant had not contacted the WRC to indicate any difficulty attending his hearing. I also made enquiries as to his whereabouts with reception, confirming that he had not made contact or signed in. I allowed at least 30 minutes to elapse at the outset of the hearing and remained in the hearing room for the scheduled duration. 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. As of the date hereof and as far as I am aware based upon further checks, the Complainant has not made any further contact with the WRC.

Summary of Complainant’s Case:

The Complainant who had been employed with the Respondent for just over two months, referred a complaint under Section 7 of the Terms of Employment (Information) Act 1994, that he had not received a contract of employment or a copy of the Respondent’s grievance and disciplinary procedures. There was no attendance on his behalf at the hearing to confirm that he wished to pursue this complaint and no oral, documentary or other evidence was given in support of same.

Summary of Respondent’s Case:

An Academic Director attended at the hearing prepared to meet this complaint on behalf of the Respondent. He also confirmed that the Complainant had resigned a few days after its referral.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to this complaint in accordance with the relevant provisions. I am satisfied that a letter dated 21^st July 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 a reasonable explanation for his non-attendance but no such contact has been made to date. I therefore find his non-attendance at the hearing to pursue this complaint unreasonable in all the circumstances and in the absence of any evidence from the Complainant, dismiss this complaint as being unfounded.

Dated:  6^th November 2017

Workplace Relations Commission Adjudication Officer: Aideen Collard