ADJUDICATION OFFICER DECISION

 Adjudication Reference: ADJ-00007780

Parties:

Complainant     Anonymised Parties    Respondent

A chef                                                    A bar and restaurant  

Representatives    

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-00010439-001 27/03/2017  

Date of Adjudication Hearing: 03/11/2017 Workplace Relations Commission Adjudication Officer: Catherine Byrne

Procedure:

In accordance with Section 8 of the Unfair Dismissals Act 1977, this complaint has been assigned to me by the Director General. I conducted a hearing on November 3rd 2017 and gave the parties an opportunity to be heard by me and to present evidence relevant to the complaint.  

Background:

On March 27th 2017, the complainant submitted a complaint to the WRC under the Unfair Dismissals Act 1977. He had completed almost 18 months of service with the respondent and he claimed that on February 15th, he had to leave his job because his relationship with his employer had deteriorated and he felt depressed and ill. No submission was received from the complainant and he did not attend the hearing on November 3rd. He has not contacted the WRC since to explain his failure to attend and he has not requested a date for the hearing to be re-scheduled. On behalf of the respondent, one of the business partners who is a director of the company attended the hearing.  

Decision:

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. I find that the complainant’s failure to attend the hearing scheduled for November 3rd 2017 was unreasonable in the circumstances and any obligation under section 7 of the Unfair Dismissals Act has ceased. As no evidence was given at the hearing in support of the complaint of unfair dismissal, I conclude the investigation and find against the complainant.  

Dated:   23rd January 2018 

Workplace Relations Commission Adjudication Officer: Catherine Byrne

Key Words: Failure of the complainant to attend the hearing