ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00014975

Parties:

	Complainant	Respondent
Anonymised Parties	An Employee	A Cafe

Representatives

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-00019472-001	28/05/2018

Date of Adjudication Hearing: 13/09/2018

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 referred a complaint against the above respondent on the 28th of May 2018 . As required by the Act and, as part of my investigation, I proceeded to a hearing on the 13th of September, 2018. On the day of the hearing neither the complainant nor the respondent was in attendance.

Summary of Complainant’s Case:

The complainant was not in attendance at the hearing.

Summary of Respondent’s Case:

The respondent was not in attendance at the hearing.

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 failed to attend the hearing to establish the validity of her complaint, 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 failed to attend the hearing to establish the validity of her complaint, I conclude the investigation and find against the complainant.

Dated: 07/12/18

Workplace Relations Commission Adjudication Officer: Orla Jones

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