ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00010544
Parties:
| Complainant | Respondent |
Anonymised Parties | A Financial Controller | A Plant Hire and Hardware Merchant |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00012064-001 | 22/06/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00012064-002 | 22/06/2017 |
Date of Adjudication Hearing: 10/07/2018
Workplace Relations Commission Adjudication Officer: Enda Murphy
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 – 2015 and Section 13 of the Industrial Relations Acts 1969following the referral of the complaint/dispute to me by the Director General, I inquired into the complaint/dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint/dispute.
Background:
The Complainant was employed by the Respondent as a Financial Controller from 4 February, 2015 to 8 February, 2017. The Complainant claims that she was constructively dismissed from her employment and that she was subjected to victimisation. The Respondent disputes the Complainant’s claim of constructive dismissal and contends that she left her position of her own volition. |
Summary of Complainant’s Case:
The Complainant failed to attend the hearing to provide evidence in support of the complaint under the Unfair Dismissals Act 1977 and/or the dispute under the Industrial Relations Act 1969. |
Summary of Respondent’s Case:
The Respondent attended the hearing and was available to provide evidence in relation to the complaint and the dispute. |
Findings and Conclusions:
This complaint and dispute were scheduled for hearing on 10 July, 2018 at 10.00 am. The Complainant did not attend the hearing. The Respondent was in attendance at the scheduled time. The Complainant was on notice of the date and time of the hearing of the complaint and dispute. I waited 30 minutes in the event that the Complainant had been delayed before commencing the hearing. However, the Complainant failed to attend. As the Complainant has 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. |
Decision:
Complaint Reference No. CA-00000012064-001
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I find that the Complainant’s non-attendance without any explanation to be unreasonable in the circumstances. Accordingly, I recommend that the dispute under Section 13 of the Industrial Relations Act 1969 is dismissed for want of prosecution. |
Complaint Reference No. CA-00000012064-002
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.
I find that the Complainant’s non-attendance without any explanation to be unreasonable in the circumstances. Accordingly, I find that the complaint is dismissed for want of prosecution. |
Dated: 2nd August 2018.
Workplace Relations Commission Adjudication Officer: Enda Murphy
Key Words:
Industrial Relations Act 1969 – Section 13 – Unfair Dismissals Act 1977 – Constructive Dismissal - Failure to attend hearing – Unreasonable – Complaints fail for want of prosecution |