ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00022026
Parties:
| Complainant | Respondent |
Anonymised Parties | A bank official | A bank |
Representatives | Richie Browne, Unite the Union | Bank Management. |
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-00028829-001 | 04/06/2019 |
Date of Adjudication Hearing: 13/11/2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant commenced employment with the Respondent on 14/02/2007 and remained employed by the Respondent until 16/01/2019. The Complainant was employed as a Sales Adviser and received an annual salary of €27,600 per annum. This complaint was received by the Workplace Relations Commission on 4th June 2019. |
Summary of Complainant’s Case:
The Complainant’s union representative attended the scheduled hearing, the Complainant did not. |
Summary of Respondent’s Case:
The Respondent’s representatives attended the scheduled hearing and were in a position to present a defence in relation to the complaint. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission on 4th June 2019 alleging that his former employer had contravened the provisions of the Unfair Dismissals Act, 1977 in relation to him. The said complaint was referred to me for investigation. A hearing for that purpose was held on 13th November 2019. There was no appearance by the Complainant at the hearing. I am satisfied that the said Complainant was informed 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. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint 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.
As outlined above. |
Dated: 29th November 2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Unfair Dismissals Act; Failure by the Complainant to attend hearing. |