Complainant

Respondent

Anonymised Parties

A Landscape Gardener

A Landscape Gardening Company

Representatives

The Complainant did not attend the Hearing and was not represented

Grace Solicitors

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00024645-001

03/01/2019

The Complainant was employed by the Respondent as a Landscape Gardener from 28 May, 2016 until 7 December, 2018. The Complainant claims that he was unfairly dismissed from his employment by the Respondent contrary to the Unfair Dismissals Act, 1997. The Respondent disputes the claim of unfair dismissal and contends that the Complainant was dismissed by reason of gross misconduct.

The Complainant did not attend the Hearing to adduce evidence in support of his complaint.

The Respondent and its witnesses were in attendance at the Hearing.

A complaint was received by the Director General of the Workplace Relations Commission by the Complainant on 3 January, 2019 alleging that his former employer had unfairly dismissed him contrary to the Unfair Dismissals Act, 1977. The said complaint was referred to me for investigation. A hearing for that purpose was scheduled for Hearing on 28 May, 2019 at 12 pm.

Prior to the commencement of the hearing, I was informed by the Respondent’s solicitor that the parties wished to avail of the opportunity to have discussions with a view to trying to resolve the complaint. I was subsequently informed by the Respondent’s solicitor that a settlement had been agreed between the parties, but the Complainant had left the hearing venue without finalising the settlement agreement. As the Complainant did not appear before me to confirm that the complaint had been resolved, I decided to adjourn the Hearing on this date.

I subsequently wrote to the Complainant on 30 May, 2019 in order to seek confirmation regarding the position in relation to the complaint and to make enquires as to whether or not the matter had been resolved between the parties. In the circumstances, I requested the Complainant to confirm in writing to the WRC if this matter had, in fact, been resolved and if he wished to withdraw the complaint under the Unfair Dismissals Act, 1997. I informed the Complainant in this letter that if I did not receive a reply within 14 days I would proceed on the basis that he did not wish to pursue the complaint any further. I did not receive a reply from the Complainant in relation to this matter.    

Having regard to the foregoing, I am satisfied that the said Complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held. There was no appearance by or on behalf of the Complainant at the hearing. In the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint under the Unfair Dismissals Act, 1977 is not well-founded.

Having regard to the above circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint under the Unfair Dismissals Act, 1977 is not well-founded and I decide accordingly.

Unfair Dismissals Act 1977 – Section 6(4) - Gross Misconduct – Complainant Failed to Attend Hearing – Complaint not well-founded