ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023053
Parties:
| Complainant | Respondent |
Anonymised Parties | A Construction Worker | A Construction Company |
Representatives | Colm Berkery Branigan Berkery, Solicitors | Conor O'Connell Construction Industry Federation Cork Branch South Region |
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-00029707-001 | 16/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00029707-002 | 16/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00029707-003 | 16/07/2019 |
Date of Adjudication Hearing: 19/02/2020
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015,following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complainant commenced employment with the respondent on 2nd October 2017. His employment was terminated by the respondent on 11th March 2019 on the grounds of gross misconduct. He claims that his dismissal is unfair and that he did not receive his minimum notice. |
Summary of Complainant’s Case:
Despite having been informed in writing on January 14th 2020 of the time and date of the hearing, the complainant did not attend to give evidence. |
Summary of Respondent’s Case:
Despite having been informed in writing on January 14th 2020 of the time and date of the hearing, the respondent did not attend to give evidence. |
Findings and Conclusions:
I note that the complainant did not attend on the day despite having been informed in writing on January 14th 2020 of the time and date of the hearing. |
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.
CA 29707-001: Given that he did not attend to give evidence, I find that the complainant was not unfairly dismissed. CA 29707-002: Given that he did not attend to give evidence, I find that the complainant was not unfairly dismissed. CA 29707-003: Given that the complainant did not attend to give evidence, I find that the Act was not contravened. |
Dated: 26th August 2020
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words: