ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00021901
Parties:
| Complainant | Respondent |
Anonymised Parties | A worker | A Construction Company |
Representatives | No appearance | Bríd Miller BRID MILLER SOLICITORS |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00028745-001 | 29/05/2019 |
Date of Adjudication Hearing: 09/09/2019
Workplace Relations Commission Adjudication Officer: Emile Daly
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(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).
Summary of Complainant’s Case:
The Complainant worked for the Respondent for less than one year. His complaint of unfair dismissal brought under the Industrial Relations Acts was that he was dismissed when he refused to work at weekends, having not agreed to in advance. This requirement interfered with his domestic commitments. The Complainant did not attend the Adjudication hearing |
Summary of Respondent’s Case:
The Respondent attended the Adjudication hearing and due to the non-attendance of the Complainant, requested that the complaint be treated as a vexatious and frivolous complaint |
Findings and Conclusions:
I am satisfied that the Complainant was put on notice, by letter dated 15 August 2019, of the Adjudication Hearing on 9 September 2019. I am satisfied that the Complainant failed to contact the WRC in advance of the hearing either seeking an adjournment or providing a valid reason for his failure to attend. |
Decision:
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the
No grounds have been established to show that the complaint was vexatious or frivolous and I make no decision in respect of the Respondent’s application. I find that this case fails as the Complainant did not attend the Adjudication Hearing and therefore there was a failure by him to prosecute his complaint. |
Dated: 24th September 2019
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Unfair Dismissals complaint under the Industrial Relations Acts |