ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00020045
Parties:
| Complainant | Respondent |
Anonymised Parties | Employee | Employer |
Representatives | Inhouse Solicitor |
Complaint:
IPTU | Complaint/Dispute Reference No. | Date of Receipt |
CA-00026549-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969] following the referral of the complaint / dispute to me by the Director General, I inquired into the complaint / dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint / dispute.
Background:
The complaint form set out the dispute as a claim for restoration of sick leave taken during an investigation of a complaint against the employee. The investigated complaint was not upheld. |
Summary of Complainant’s Case:
There was no attendance by the employee or his named representative. |
Summary of Respondent’s Case:
The respondent had rejected the claim as a breach of the sick pay policy covering the type of investigation as set out in a letter submitted to the WRC when refusing mediation. |
Findings and Conclusions:
As there was no notification of nonattendance to the employer or to the WRC and no request for a postponement, it is not unreasonable to conclude that the employee has decided not to pursue the dispute further, albeit without notification to the employer. |
Recommendation
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint / dispute in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]
As the employee did not attend to present the basis of the dispute, I recommend that the dispute be regarded as resolved and withdrawn. |
Dated: December 12th 2019
Workplace Relations Commission Adjudication Officer: Janet Hughes
Key Words:
Loss of sick pay during workplace investigation. |