ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026297
Parties:
| Complainant | Respondent |
Anonymised Parties | Employee | Employer |
Representatives | Did not attend | LK Sheilds Solicitors |
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-00033503-001 | 06/01/2020 |
Date of Adjudication Hearing: 09/10/2020
Workplace Relations Commission Adjudication Officer: Michael Ramsey
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 – 2015following 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 is seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 and has submitted that due to the conduct of the Respondent she had to leave her employment (CA-00033503-001). |
Summary of Complainant’s Case:
The Complainant did not attend the hearing. |
Summary of Respondent’s Case:
The Respondent did attend and submitted that as the Complainant did not attend the hearing of this matter then accordingly the Complaint fails. |
Findings and Conclusions:
This complaint was received by the Workplace Relations Commission on the 6th January 2020. This matter was to be initially heard on the 24th March 2020 but following the Taoiseach’s announcement of the 12th March 2020 this hearing was cancelled. The parties were informed on the 20th July 2020 that this matter would be listed for hearing on the 13th August 2020. The Respondent sought a postponement of this hearing date on the 22nd July 2020 and this was granted on the 28th July 2020. The parties were informed on the 10th August 2020 that this matter would be listed for hearing on the 8th September 2020. The Complainant sought a postponement of this hearing date on the 21st August 2020 and this was granted on the 21st August 2020. The parties were informed on the 4th September 2020 that this matter would be listed for hearing on the 9th October 2020. Accordingly, a hearing for that purpose was held on the 9th October 2020. There was no appearance by or behalf of the Complainant at the hearing. I am satisfied that the Complainant was informed in writing of the date, time and place at which the hearing to investigate this complaint would be held. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I find that this complaint fails. |
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.
I find that the Complaint (CA-00033503-001) made pursuant to Section 8 of the Unfair Dismissals Act, 1977 fails. |
Dated: 28th October 2020
Workplace Relations Commission Adjudication Officer: Michael Ramsey
Key Words:
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