ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00013817

Parties:

	Complainant	Respondent
Anonymised Parties	An Employee	An Employer

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-00018111-001	23/03/2018

Date of Adjudication Hearing: 26/07/2018

Workplace Relations Commission Adjudication Officer: Roger McGrath

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015following 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:

Summary of Complainant’s Case:

The Complainant did not attend the Adjudication Hearing.

Summary of Respondent’s Case:

The Respondent did attend the Adjudication Hearing.

Findings and Conclusions:

The Complainant did not attend the hearing and offered no explanation for failing to do so.

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 Complainant did not attend the hearing convened to hear direct evidence in support of his claim. The Employment Appeals Tribunal in Case No. UD1112/08 Kozlowski v Multi Roofings Systems Ltd. found:

"The legal requirements place an onus on a Claimant to prosecute his case and to be present for the hearing."

The Complainant in this instant case did not attend the hearing and the complaint fails.

Dated: 28th August 2018

Workplace Relations Commission Adjudication Officer: Roger McGrath

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