ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00015652

Parties:

	Complainant	Respondent
Anonymised Parties	A Warehouse Operative	A Logistics Company

Representatives

Un Represented- Did not attend.

Conor O'Gorman IBEC

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-00020392-001	06/07/2018
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00020392-002	06/07/2018

Date of Adjudication Hearing: 24/01/2019

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015; Section 8 of the Unfair Dismissals Acts, 1977 – 2015 and Section 79 of the Employment Equality Acts, 1998 - 2015,following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

The issues in contention concern a Warehouse Operative and his alleged Unfair and Discriminatory Dismissal.

1: Summary of Complainant’s Case:

Did not attend / No evidence presented.

2: Summary of Respondent’s Case:

As the Complainant did not attend and no evidence was presented on his behalf the Respondent formally stated a complete denial of all allegations. No further evidence was called.

3: Findings and Conclusions:

The Complaint in this case was received by the Director General of the Workplace Relations Commission on 6th July 2018 from the Complainant. It alleged that his former employer contravened the provisions of Section 8 of the Unfair Dismissals Acts, 1977 – 2015 and Section 79 of the Employment Equality Acts, 1998 - 2015 in relation to him. The said Complaint was referred to me for investigation.

A hearing for that purpose was held on the 24th January 2019.

There was no appearance by or on behalf of the Complainant at the hearing.

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.

In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I decide accordingly.

4: Decision:

Section 41 of the Workplace Relations Act 2015; Section 8 of the Unfair Dismissals Acts, 1977 – 2015 and Section 79 of the Employment Equality Acts, 1998 - 2015,requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.

Act	Complaint/Dispute Reference No.	Summary Decision / Please refer to Section Three above for reasoning.
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00020392-001	Claim dismissed as Not Well Founded.
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00020392-002	Claim dismissed as Not Well Founded.

Dated: 2nd May 2019

Workplace Relations Commission Adjudication Officer: Michael McEntee

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