ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00016586
Parties:
| Complainant | Respondent |
Anonymised Parties | A Financial Accountant | An employer. |
Representatives | Did not attend hearing. | Michael McCormack, BL instructed by Karen Hennessy, William Fry Solicitors. |
Complaint:
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-00021565-001 | 04/09/2018 |
Date of Adjudication Hearing: 11/04/2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and /or 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 Financial Accountant employed by the Respondent from 28/10/2008 until 28/08/2018. The complaint was received by the Workplace Relations Commission on 05/09/2018. |
Summary of Complainant’s Case:
The Complainant did not attend the scheduled hearing of the complaint on 11/04/2019 at 11.00am in the Longford Arms Hotel. Correspondence outlining the date, time and venue for the hearing was sent to the Complainant on 11th March 2019. The Complainant has not notified the Workplace Relations Commission of any reason explaining his non-attendance. On the day of the hearing I waited for approximately 45 minutes in case the Complainant was running late, this was not the case and I informed the Respondent representatives that they could go. |
Summary of Respondent’s Case:
Representatives for the Respondent were present as scheduled and, in a position, to present a defence on behalf of the Respondent. |
Findings and Conclusions:
In the absence of the Complainant I have no option but to find that the complaint as presented to the Workplace Relations Commission is not well found and therefore fails. |
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.
The complaint is not well found and therefore fails. |
Dated: April 24th 2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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