ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00010608
Parties:
| Complainant | Respondent |
Anonymised Parties | An employee | An employer |
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-00014023-001 | 19/09/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00014023-002 | 19/09/2017 |
Date of Adjudication Hearing: 15/06/2018
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.
Background:
The Complainant is a chef and was employed by the Respondent on 16/01/2007. The employment ended on 20/03/2017. The Complainant was paid a gross weekly wage of €612 at the time his employment ended. On 19/09/2018 the Complainant lodged a complaint with the Workplace Relations Commission (WRC), the complaint was in two parts, one claiming that he had been dismissed from employment and the second claiming that he had been constructively dismissed from employment. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing as scheduled, his representative solicitor was in attendance. The solicitor informed the hearing that she had experienced difficulty in trying to contact the Complainant and that he had only made contact by SMS text message the previous evening to inform her that he was unwell. The solicitor then made a request that the hearing be adjourned. |
Summary of Respondent’s Case:
The Respondent representative objected to the granting of any adjournment based on the fact that the Complainant had been seen working in his own business in recent times. |
Findings and Conclusions:
There was no medical certification produced at the hearing stating that the Complainant was unwell and no medical certification received by the WRC in the days and weeks following the scheduled hearing date. I have no alternative but to dismiss this complaint in favour of the Respondent. |
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 complaint fails for lack of prosecution. |
Dated: 4th September 2018
Workplace Relations Commission Adjudication Officer: Jim Dolan