ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00013860
| Complainant | Respondent |
Anonymised Parties | An Employee | An Employer |
Representatives |
| Solicitors |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00018176-001 | 27/03/2018 |
Date of Adjudication Hearing: 27/09/2018
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Procedure:
In accordance with Section13 of the Industrial Relations Acts 1969andfollowing the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The Complainant worked with the Respondent from 15 January 2018 to 23 March 2018, when she was allegedly dismissed from her employment. Given her service she is making her complaint for unfair dismissal under the Industrial Relations Act. |
Findings and Conclusions:
Some days prior to the Hearing date, the Complainant sought an adjournment on the basis that, due to an accident she was on crutches and, as a result, would not be able to attend the Hearing. The Complainant was requested to submit a medical certificate confirming her incapacity in order that her request for adjournment could be considered. While the Complainant undertook to provide the medical cert, it had not been furnished by the date of the Hearing. On the day of the Hearing (27 September 2018), the Complainant did not attend but the Respondent and their legal representative did. The Respondent objected to an adjournment being given at that point. Having considered their objection, I decided to grant an adjournment on the basis that the Complainant would produce the medical certificate by not later than close of business on 5 October 2018. Despite being duly advised of this decision, the Complainant did not submit her medical cert by the required date, 5 October 2018. When contacted by the WRC on 22 October 2018, the Complainant advised that she was not progressing with her complaint. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
The complaint is dismissed due to lack of prosecution. |
Dated: 31st October 2018
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Key Words:
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