ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00020536
Parties:
| Complainant | Respondent |
Anonymised Parties | A General Operative | A Service Provider |
Representatives | Peter Glynn SIPTU | Anthony Brady Construction Industry Federation |
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-00027108-001 | 15/03/2019 |
Date of Adjudication Hearing: 09/08/2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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 was employed by the Respondent as a General Operative. His employment commenced on 10/03/2017 and ended on 19/10/2018. The Complainant was paid €456 per 40-hour week. This complaint was received by the Workplace Relations Commission on 15/03/2019. |
Summary of Complainant’s Case:
The Complainant and/or his representative did not attend the scheduled hearing of this complaint. Correspondence containing information in relation to the hearing was sent to the Complainant’s representative on 2nd July 2019, some five weeks prior to the hearing. |
Summary of Respondent’s Case:
The Respondent and his representative attended the scheduled hearing and were in a position to present a defence. |
Findings and Conclusions:
The Complainant did not attend the hearing and therefore failed to present a complaint. I have no alternative but to decide the complaint as presented in the complaint form is not well founded and therefore fails. |
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.
The complaint is not well founded. |
Dated: 19/09/2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Nonattendance at hearing. |