ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00010484
| Complainant | Respondent |
Anonymised Parties | General Operative | Manufacturer |
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-00013926-001 | 14/09/2017 |
Date of Adjudication Hearing: 30/04/2018
Workplace Relations Commission Adjudication Officer: Gerard McMahon
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The complainant alleged that he was unfairly dismissed (due to unauthorised absence) and has the requisite service enabling the claim. |
Summary of Complainant’s Case:
Neither the complainant nor his representative attended the hearing. Based upon his completed complainant form, it is alleged that he was unfairly dismissed (due to unauthorised absence) and has the requisite service enabling the claim. |
Summary of Respondent’s Case:
The respondent’s case is based upon 2 points: (i) the claimant does not have the requisite service enabling a claim under the relevant enactment and (ii) the claim was received at the W.R.C. (on Sept. 14th, 2017) outside of the requisite timeframe (i.e. the 6 month deadline expired on Sept. 3rd, 2017, based up the termination date of March 3rd, 2017). |
Findings and Conclusions:
Based upon the respondent’s presentation and supporting documentation it is apparent that: (i) the claimant does not have the requisite service enabling a claim under the relevant enactment and (ii) the claim was received at the W.R.C. (on Sept. 14th, 2017) outside of the requisite timeframe (i.e. the 6 month deadline expired on Sept. 3rd, 2017, based up the termination date of March 3rd, 2017). |
Decision:
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.
The claim is not well founded and fails. |
Dated: 06/09/2018
Workplace Relations Commission Adjudication Officer: Gerard McMahon
Key Words:
Dismissal; Qualifying Service; Claim Timeframe |