ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00008977
Parties:
| Complainant | Respondent |
Anonymised Parties | A Unit Manager | A Catering Company |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00011872-001 | 13/06/2017 |
Date of Adjudication Hearing: 10/01/2018
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Procedure:
In accordance with 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 lodged a Complaint of Constructive Dismissal on 13 June, 2017. The Complainants Representative lodged a supporting written submission on 14 July 2017. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing. In her written submission, dated 14 July, 2017, she outlined that she had worked for the Respondent as a Unit Manager in their Catering Company since October 2014., On November 21, 2016, she gave notice of her intention to leave her employment on December 16, 2017. The Complainant gave her final working day as December 31, 2017. She outlined that she was claiming Constructive Dismissal due to the Unilateral change in her job function and the presence of unmerited warnings and a Disciplinary process. The Complainants Representative went off notice on December 15 and requested that all correspondence be forwarded directly to the Complainant. On December 19, 2017, the Complainant was notified of the forthcoming hearing on January 10, 2018. She did not attend the hearing or furnish any reason for her non-appearance. |
Summary of Respondent’s Case:
The Respondent attended the hearing in the company of a large group of potential witnesses. The Respondents Representative requested that the claim be dismissed for want of prosecution. She refrained from making an outline response to the claim. |
Findings and Conclusions:
I commenced the hearing at 10.45 am, thus allowing time for a late arrival or communication of a delay. I am satisfied that the complainant was properly notified of the hearing and she did not appear to prosecute her claim. |
Decision:
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I decide in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
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. The onus is on the Complainant to establish the burden of proof for Constructive Dismissal in this case. I am satisfied that the Complainant was on proper notice of the hearing as the WRC notified her directly of the hearing to commence on Wednesday, January 10, 2018. She has not presented to make her case, nor have I received any reasons for this non-appearance. I must dismiss the case for want of prosecution. The claim for Constructive Dismissal cannot succeed. |
Dated: 21st March 2018
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Key Words:
Claim for Constructive Dismissal |