ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00021081
Parties:
| Complainant | Respondent |
Anonymised Parties | {A Cleaner} | {A Cleaning Company} |
Representatives | Aonghus McCarthy Aonghus McCarthy Solicitors | Hugh Hegarty Management Support Services (Ireland) Ltd |
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-00027784-001 | 16/04/2019 |
Date of Adjudication Hearing: 23/09/2019
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with 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 as a Cleaner with the Respondent since 30th November 2015. The Complainant was dismissed for unacceptable absence levels on 9th August 2018. |
Summary of Complainant’s Case:
The Complainant was suffering from a vomiting bug and left work due to illness on 23rd July 2018. He was ill again on Tuesday at work. On Thursday he was too ill to go into work. He arrived back into work on Friday morning 27th July 2018, and was told he was being removed from the site. He was told he was banned from the site by the client. The Complainant attended the hearing on 14th August 2019, and was granted an adjournment to consider submissions provided that morning. There was no appearance by or on behalf of the Complainant at the resumed hearing on 23rd September 2019. |
Summary of Respondent’s Case:
The dismissal is in dispute. The Complainant successfully appealed his dismissal prior to the expiration of his notice. The Complainant was offered an alternative position less than 7km away. |
Findings and Conclusions:
There was no appearance by or on behalf of the Complainant at the resumed hearing. I am satisfied that the Complainant’s representatives were 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. |
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.
The complaint is not well founded. |
Dated: 24th March 2020
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
No appearance by Complainant |