ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00016298
Parties:
| Worker | Employer |
Anonymised Parties | Clerical Worker | State Company |
Complaints:
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00021147-001 | 15/08/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00021727-001 | 11/09/2018 |
Date of Adjudication Hearing: 05/11/2018
Workplace Relations Commission Adjudication Officer: Marie Flynn
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the disputes to me by the Director General, I inquired into the disputes and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the disputes.
Background:
The adjudication hearing in this case was scheduled to take place on Monday 5th November 2018. On Friday 2nd November 2018, the last working day prior to the adjudication hearing, the WRC received correspondence to effect that the Worker would not be in attendance at the hearing on the advice on his doctor and would supply a medical cert explaining his absence shortly thereafter. The Worker sought an adjournment of the hearing. The adjournment request was refused by the WRC and the Worker was informed that the hearing would proceed as scheduled. The Worker did not attend the adjudication hearing. As of 4th December 2018 (one month after the hearing) the Worker has not supplied a medical cert to the WRC explaining his non-attendance at the adjudication hearing. |
Summary of Worker’s Case:
The Worker did not attend the adjudication hearing. |
Summary of Employer’s Case:
The Employer attended the adjudication hearing. |
Findings and Conclusions:
Complaints were received by the Director General of the Workplace Relations commission from the Worker on 15th August and 11th September 2018 alleging that the Employer contravened the provisions of the Industrial Relations Act, 1969 in relation to him. The said disputes were referred to me for investigation. A hearing for that purpose was held on 5th November 2018. There was no appearance by or on behalf of the Worker at the hearing. I am satisfied that the said Worker was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I decide accordingly. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
In the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I decide accordingly. |
Dated: 14/12/18
Workplace Relations Commission Adjudication Officer: Marie Flynn
Key Words:
No appear by the Worker |