ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00007412

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00009829-001	15/02/2017

Date of Adjudication Hearing: 11/01/2018

Workplace Relations Commission Adjudication Officer: Jim Dolan

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.

The hearing of this matter was arranged to take place on Thursday 11th January 2018 at 11.30 am. The Respondent attended as scheduled as did the representative of the Complainant, the Complainant did not attend. Efforts were made with WRC staff to establish if the Complainant had been in contact regarding his non-attendance, no communication had been received from the Complainant.

Correspondence in relation to the date, time and venue for the hearing had been issued to the parties some five weeks in advance of the hearing. to the hearing date.

Background:

The complaint submitted alleges that the Complainant was unfairly dismissed.

Summary of Complainant’s Case:

At the hearing the Complainant’s representative requested an adjournment due to not being able to contact the Complainant and had received no instructions from him. It was noted that correspondence received by the WRC on 8th January 2018 requesting an adjournment was considered and refused.

It would appear that the Complainant has not been in communication with his union representative for some considerable time.

Summary of Respondent’s Case:

Respondent did not present any case.

Findings and Conclusions:

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.

In the circumstances outlined above I believe that due to the non-appearance of the Complainant the claim must fail.

Dated: 10/05/2018

Workplace Relations Commission Adjudication Officer: Jim Dolan

Key Words:

Failure to attend. No communication.