ADJUDICATION OFFICER DECISION/RECOMMENDATION

 Adjudication Reference: ADJ-00005309

Complaint(s):

ActComplaint/Dispute Reference No.Date of Receipt Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 CA-00007456-001 05/10/2016 Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 CA-00007456-002 05/10/2016   Date of Adjudication Hearing: 27/10/2017 Workplace Relations Commission Adjudication Officer: Gerry Rooney

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 complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.  

Background:

The Complainant was employed with the Respondent as a store manager from 16th May 2005. He submitted in this written complaint that he was unfairly dismissed by the Respondent on 15th June 2016.

Summary of Complainant’s Case:

The Complainant did not attend the hearing and his representative submitted that the Complainant had advised he was not in a position to travel to the hearing as he could not afford the cost of travelling. On that basis, a request for a postponement of the hearing to another date was requested, however the Complainant’s representative could not guarantee the Complainant would attend a future hearing if it was rescheduled.

Summary of Respondent’s Case:

The Respondent submitted that the basis for the postponement was not warranted as the reason for the request was not extraordinary or exceptional. The Respondent advised that it had incurred costs in preparing for and in attending the hearing.

Findings and Conclusions:

I am satisfied that all the parties were provided with sufficient notice of the hearing and that the Complainant had not submitted in reasonable time any request for a postponement. Having considered the basis of the request for postponement, in that the Complainant could not afford to travel to the hearing and where no reassurances could be provided that on postponement the Complainant would be in position to attend another hearing date, I find there is no extraordinary or exceptional circumstances to postpone.   I therefore find the complaint falls due to lack of prosecution.  

Dated:   19/01/2018

Workplace Relations Commission Adjudication Officer: Gerry Rooney