ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006958
Parties:
| Complainant | Respondent |
Anonymised Parties | A general operative | A car parts business |
Representatives | Alan Moyles Padraig O'Donovan & Company |
|
Complaint(s):
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-00009504-001 | 02/02/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00009504-002 | 02/02/2017 |
Date of Adjudication Hearing: 11/09/2017
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, 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 respondent attended the hearing; however, neither the complainant nor his solicitor attended. The complainant was a part-time worker in a car parts distribution and sales business. Although he stated on the complaint form that he commenced employment on July 6th 2015, the respondent produced evidence to show that he started on March 14th 2016. He is therefore not eligible to make a claim under the Unfair Dismissals Act. |
Summary of Complainant’s Case:
The complainant did not attend the hearing. On his complaint form, he stated that he was “told to leave his employment without notice or complaints or other procedures.” |
Summary of Respondent’s Case:
At the hearing, the respondent set out the reasons for terminating the complainant’s employment. |
Findings and Conclusions:
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 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.
I have decided that the complaint is dismissed for want of prosecution. |
Dated: 02/10/2017
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Dismissal |