ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00019307
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | A State Agency |
Representatives | N/A | N/A |
Complaint:
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00025190-001 | 22/01/2019 |
Date of Adjudication Hearing: 09/05/2019
Workplace Relations Commission Adjudication Officer: Enda Murphy
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969 following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The Worker was employed by the Employer as an STO from May, 2010 until May, 2014 and was re-engaged on a temporary contract on 4 January, 2016. This dispute relates to a claim in relation to the Worker’s terms and conditions of employment following her re-engagement by the Employer. |
Summary of Worker’s Case:
The Worker did not attend or was not represented at the hearing in order to present her case in relation to the dispute. |
Summary of Employer’s Case:
The Employer did not attend or was not represented at the hearing in order to present its case in relation to the dispute. |
Findings and Conclusions:
The WRC received correspondence from the Employer on 14 February, 2019 which indicated that the dispute had been resolved with the Worker. The WRC forwarded this correspondence to the Worker’s Trade Union representative by letter dated 14 March, 2019 and sought a response in relation to the Employer’s contention that the dispute had been resolved. The WRC did not receive a reply from the Worker or her Trade Union representative in relation to this matter. The Worker failed to attend the Hearing on 9 May, 2019 and did not provide the WRC with any explanation for her absence. I am satisfied that the said Worker was informed in writing of the date, time and place at which the hearing to investigate the dispute would be held. In the circumstances, I find that the Worker’s non-attendance at the hearing to be unreasonable in the circumstances. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I find that the Worker’s non-attendance at the Hearing to be unreasonable in the circumstances. Accordingly, I recommend that the dispute under the Industrial Relations Act 1969 be dismissed for want of prosecution. |
Dated: 22nd May 2019
Workplace Relations Commission Adjudication Officer: Enda Murphy
Key Words:
Industrial Relations Act 1969 – Trade Dispute – Section 13 – Failure of Parties to attend Hearing - Dispute dismissed for want of prosecution |