ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00013886
Parties:
| Worker | Employer |
Anonymised Parties | A General Operative | A Construction Manufacturer |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Dispute seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00018230-001 | 29/03/2018 |
Date of Adjudication Hearing: 24/07/2018
Workplace Relations Commission Adjudication Officer: Louise Boyle
Procedure:
In accordance withSection 13 of the Industrial Relations Acts 1969following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The worker claimed he had been left with no alternative but to resign his position on 8th January 2018 because of harassment and bullying by other workers. |
Summary of Worker’s Case:
The worker in his claim form claimed that he had been bullied and harassed and that he had recordings of such conversations. The worker advised in an email dated 15th July that he would not attend the hearing as he had left the country and was advised by the WRC that the hearing would proceed unless his claim was withdrawn. |
Summary of Employer’s Case:
The employer advised on 18th July 2017 that they would not attend the hearing as such hearings under the legislation are voluntary and not binding. |
Findings and Conclusions:
As the worker and employer failed to attend the hearing, I confirmed that a letter had issued notifying them of the date, time and location of the hearing and find non-attendance to be unreasonable in the circumstances, and my decision is, therefore: The claim is dismissed for want of prosecution. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
The claim is dismissed for want of prosecution. |
Dated: 2nd August 2018
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
IR Act, dismissal |