Complainant

Respondent

Anonymised Parties

Factory Worker

Food Production Facility

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-00026480-001

22/02/2019

The Complainant alleged that he was constructively dismissed by his employer on 28th August 2018. The Complainant referred a complaint under the Unfair Dismissals Acts on the 22nd February 2019. A hearing in relation to the complaint took place, and was finalised, on the 11th November 2019.

On the day prior to the hearing, the Complainant’s solicitors advised that he did not intend to personally attend the hearing. They also confirmed that they had no instructions to attend on his behalf. Subsequently, there was no attendance by the Complainant or his representative at the hearing as arranged.

In light of the Complainant’s non-attendance at the hearing, the Respondent submitted that the matter should be stuck out for want of prosecution.

Given that the Complainant failed to attend the hearing whilst clearly on notice of the same, and in the absence of any other evidence or application in his favour, I find that the Complainant’s application under the Act is not well founded.

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I decide in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

I have found that the claim is not well founded for the reasons outlined above.

Non-attendance, Constructive Dismissal.