ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00023335
Parties:
| Complainant | Respondent |
Anonymised Parties | Chef | Hotel |
Representatives | No Appearance | John Forde, HR Consultant |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00029838-001 | 23/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00029839-001 | 23/07/2019 |
Date of Adjudication Hearing: 22/10/2019
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969 following the referral of the disputes to me by the Director General, I inquired into the disputes and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the disputes.
Background:
The worker commenced employment with the employer in July 2018 and his employment terminated on 28 February 2019. The two disputes, which appear to be duplicates of each other, are related to the termination of his employment which the worker alleges amounted to an unfair dismissal. |
Summary of Complainant’s Case:
The worker was employed by the employer as a Head Chef. Just before Christmas 2018 the worker was advised that he had an illness that required going into hospital for a short period. He was absent for two weeks. On 28 February 2019 the worker was informed that he was being let go because of issues with the food safety management system. |
Summary of Respondent’s Case:
|
Findings and Conclusions:
A dispute was received by the Director General of the Workplace Relations Commission from a worker under the Industrial Relations Act, 1969. The said dispute was referred to me for investigation. A hearing for that purpose was held on 22 October 2019. There was no appearance by the worker at the hearing. I am satisfied that the worker was informed in writing of the details of the hearing. Representatives of the employer attended the hearing. The worker was subsequently contacted by the secretariat and he informed them that he was ill. The worker was advised to email the WRC with a request for a re-scheduled hearing. No such request has been received. In these circumstances I must find that the complaint is not well founded. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
For the reasons outlined above I must find that the complaint is not well founded and it accordingly fails. |
Dated: 5th February 2020
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Key Words:
Unfair Dismissal Non-appearance of party |