ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00021746
Parties:
| Complainant | Respondent |
Anonymised Parties | A Catering Assistant | A Garden Center |
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-00028475-001 | 17/05/2019 |
Date of Adjudication Hearing: 17/09/2019
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act and Section 8 of the Unfair Dismissals Acts, 1977 - 2015following 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 Complainant submitted a claim for Unfair Dismissal. |
Summary of Complainant’s Case:
The Complainant was not present for the Hearing. Prior to the Hearing commencing a Solicitor, Ms. X who had been engaged by the Complainant, advised the Adjudicator as a courtesy, that she had made several attempts to contact the Complainant for instructions but had not been able to get any reply from the Complainant and she was coming off record accordingly. |
Summary of Respondent’s Case:
The Respondent denied the claim. |
Decision:
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.
A complaint was received by the Director General of the Workplace Relations Commission on May 17th 2019 alleging that the Respondent contravened the provisions of Section 6 of the statue in relation to her. The said complaint was referred to me for investigation. A hearing for that purpose was held on September 17th 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 |
Dated: 1/10/19
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Unfair Dismissal |