ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012759
Representatives | Barry Healy & Company Solicitors |
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Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00016853-001 | 16/01/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00016853-002 | 16/01/2018 |
Date of Adjudication Hearing: 04/10/2018
Workplace Relations Commission Adjudication Officer: Orla Jones
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 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 referred complaints against the above respondent on the 16th of January 2018. As required by the Act and, as part of my investigation, I proceeded to a hearing on the 4th of October 2018. On the day of the hearing, neither the complainant nor the respondent was in attendance at the hearing. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. |
Findings and Conclusions:
As part of my investigation I am obliged to hold a hearing. I am satisfied that both parties received notification of the hearing arrangements. I find that the complainant's failure to attend such a hearing was unreasonable in the circumstances. As no evidence was given at the hearing in support of the allegations made I find that that the complaint fails and is not upheld. |
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.
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.
As no evidence was given at the hearing in support of the allegations made I find that that the complaint fails and is not upheld. |
Dated: 10th October 2018
Workplace Relations Commission Adjudication Officer: Orla Jones