ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00013416
Parties:
| Complainant | Respondent |
Anonymised Parties | A Warehouse Operative | A Women’s Clothing Store |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00017626-001 | 23/02/2018 |
Date of Adjudication Hearing: 08/10/2018
Workplace Relations Commission Adjudication Officer: Orla Jones
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 Complainant commenced employment as a warehouse operative with the Respondent, a women’s clothes shop on 14th of August 2017. Her employment was terminated on 20th of February 2018. The complainant submitted a complaint under the under Section 8 of the Unfair Dismissals Act, 1977 which was received by the WRC on 23rd of February 2018. |
Summary of Complainant’s Case:
The complainant did not attend the hearing of this claim. |
Summary of Respondent’s Case:
The respondent was represented at the hearing of the complaint and submitted that the complainant’s employment did not terminate in circumstances amounting to an unfair dismissal. |
Findings and Conclusions:
As part of my investigation I am obliged to hold a hearing. I am satisfied that both parties received notification of the hearing arrangements. I find that the complainant's failure to attend such a hearing was unreasonable in the circumstances. As the complainant has failed to attend to establish the validity of her complaints, I conclude the investigation and find against the complainant. |
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.
As the complainant has failed to attend to establish the validity of her complaints, I conclude the investigation and find against the complainant. |
Dated: 12/12/18
Workplace Relations Commission Adjudication Officer: Orla Jones
Key Words: |