ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00014467

Parties:

	Complainant	Respondent
Anonymised Parties	A Mechanical Technician.	A Contracting Company

Representatives

Complaint(s):

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-00018908-001	03/05/2018

Date of Adjudication Hearing: 24/10/2018

Workplace Relations Commission Adjudication Officer: David Mullis

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015,complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background:

The Complainant was employed by the Respondent but his employment ended, without notice on the 30th November 2017. He says that he was unfairly dismissed and also that he did not receive his contractual notice – of one month – and was due 10 days holidays.

Summary of Complainant’s Case:

The Complainant says that he was employed by the Respondent from the 15th February 2015 until his employment ceased, without notice, on the 30th November 2017.

He says that his contract requires that he receive one month’s notice in the event of the company severing his contract. He did not receive this and is claiming one month’s pay in lieu of notice.

He says that he was entitled, at the date of severance, to 10 days annual leave, or pay in lieu of this leave. He did not receive this payment.

Summary of Respondent’s Case:

The Respondent did not attend the hearing. I am satisfied that he was notified of the date, time and location of the hearing.

Findings and Conclusions:

I find that the Complaint of Unfair Dismissal under the terms of Section 8 the Unfair Dismissals Act, 1977 is not well founded.

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.

I find that the Claim under the terms of Section 8 of the Unfair Dismissals Act fails as not being relevant to the circumstances outlined.

Dated: 10/01/19

Workplace Relations Commission Adjudication Officer: David Mullis