ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013986
Parties:
| Complainant | Respondent |
Anonymised Parties | A member of an airline cabin crew | A provider of cabin crew to an airline |
Representatives |
| Jennifer Goode BL, instructed by McDowell Purcell Solicitor |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00017102-001 | 18/01/2018 |
Date of Adjudication Hearing: 22/06/2018
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, this complaint was assigned to me by the Director General. I conducted a hearing on June 22nd 2018 and gave the parties an opportunity to be heard by me and to present evidence relevant to the complaint.
The respondent was represented by Ms Jennifer Goode BL, instructed by Mr Kilian O’Reilly of McDowell Purcell Solicitors. The Human Resources Manager and the Human Resources Supervisor also attended for the respondent. The complainant did not attend, although he was properly on notice of the time and date of the hearing.
Shortly after the scheduled start time of 9.30am, I asked the respondents if they could determine if the complainant was in work today. A few minutes later, they confirmed that he was rostered to work and he had in fact attended work.
Ms Goode submitted a letter in evidence which was sent to the complainant by the HR Supervisor on May 22nd 2018. The letter refers to this complaint and to the fact that the issue was resolved on January 28th2018, albeit not to the satisfaction of the complainant. The writer asked the complainant to advise, “as a matter of urgency as to whether you intend to pursue this claim so that we can pass the matter to our lawyers to prepare our robust defence.”
As the respondent received no reply, they assumed that the complainant intended to proceed and they prepared for the hearing.
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.
In accordance with Section 42(1) of the Workplace Relations Act 2015, I have decided to dismiss this complaint on the grounds that it is vexatious. |
Dated: August 20th 2018
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Non-attendance of the complainant |