ADJUDICATION OFFICER DECISION & RECOMMENDATION
Adjudication Reference: ADJ-00018935
Parties:
| Complainant | Respondent |
Anonymised Parties | A Crane Driver | A Construction Company |
Representatives |
| Conor Cahill, Sheehan & Company Solicitors |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00024461-001 | 21/12/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00024461-002 | 21/12/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00024461-003 | 21/12/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00024461-004 | 21/12/2018 |
Date of Adjudication Hearing: 22/03/2019
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with Section 41 of the Workplace Relations Act 2015, Section 8 of the Unfair Dismissals Acts 1977 – 2015 and Section 13 of the Industrial Relations Act 1969, these matters, as outlined in the table above were assigned to me by the Director General. A hearing was arranged for March 22nd 2019 for the parties to have an opportunity to be heard and to present evidence relevant to the complaints.
A company director attended the hearing on behalf of the respondent and he was accompanied by the site foreman where the complainant worked and by the payroll manager. The complainant did not attend, although I am satisfied that he was properly on notice of the date and time of the hearing.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints 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. Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
In the circumstances where the complainant did not attend the hearing, and in the absence of any evidence to the contrary having been submitted, I must conclude that these complaints and this dispute are not well founded and I decide accordingly. |
Dated: 30th April, 2019
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Non-attendance by complainant |