ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00010305
Parties:
| Complainant | Respondent |
Anonymised Parties | A General Operative | A Meat Processing Company |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00013495-001 | 31/08/2017 |
Date of Adjudication Hearing: 04/01/2018
Workplace Relations Commission Adjudication Officer: Enda Murphy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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.
The complaint was due to be heard on 4 January, 2018 at 10.00 am. The Complainant did not attend the hearing. The Respondent and its representative were in attendance. The Complainant was on notice of the date and time of the hearing of the complaint. I waited 30 minutes in the event that the Complainant had been delayed before commencing the hearing. However, the Complainant failed to attend.
Background:
The Complainant commenced employment with the Respondent as a General Operative on 30 March, 2017 and her employment was terminated on 8 August, 2017. The Complainant claims that the Respondent has failed to provide her with a written statement of her terms and conditions of employment contrary to the Terms of Employment (Information) Act 1994. The Complainant also claims that she did not receive any notification prior to the termination of her employment. |
Summary of Complainant’s Case:
The Complainant failed to attend the hearing to provide evidence in support of her complaint. |
Summary of Respondent’s Case:
The Respondent attended the hearing and was available to provide evidence in relation to the complaint. |
Findings and Conclusions:
As the Complainant and failed to attend the hearing, I confirmed that a letter had issued notifying her of the date, time and location of the hearing. I find that the Complainant’s non-attendance without any explanation to be unreasonable in the circumstances. Accordingly, I am satisfied that the complaint should be dismissed for want of prosecution. |
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.
I find that the complaint is dismissed for want of prosecution. |
Dated: 16.1.18
Workplace Relations Commission Adjudication Officer: Enda Murphy
Key Words:
Terms of Employment (Information) Act 1994 – Failure to attend hearing – Complaint dismissed for want of prosecution |