ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00026328
Parties:
| Complainant | Respondent |
Anonymised Parties | Service Delivery Manager | Technology Services Company |
Representatives | Did not attend | M P Guinness BL, instructed by Laura Quinn, Solicitor, Whitney Moore |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00033386-001 | 20/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00033387-001 | 20/12/2019 |
Date of Adjudication Hearing: 16/09/2020
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and Section 13 of the Industrial Relations Acts 1969 and following the referral of the complaint/dispute to me by the Director General, I inquired into the complaint/dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint/dispute.
Background:
The Complainant commenced employment with the Respondent, a technology services company, on 17 May 2017, in the role of Senior Service Delivery Manager.
In about December 2018/January 2019, the Respondent was informed that it had lost a contract, which represented its core business in Ireland. As a result, the Complainant, who was one of two employees employed by the Respondent in Ireland, was put on notice that her role was at high risk of redundancy. Following a consultation period, during which an opportunity for work outside of Ireland, on a contract basis, was offered to, but declined by, the Complainant, her employment was terminated by reason of redundancy on 3 May 2019.
On 20 December 2019, the Complainant submitted two complaints to the Director General of the Workplace Relations Commission.
These complaints consisted of claims under: (a) the Industrial Relations Act, 1969, - complaint reference CA-00033386 and (b) the Unfair Dismissal Act, 1977, - complaint reference CA-00033387.
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Decision/Recommendation:
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.
and
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
The complaints, as set out above, were referred to me for investigation. A hearing for that purpose was held on 16 September 2020.
There was no appearance by or on behalf of the Complainant at the hearing. I am satisfied that the said Complainant was informed in writing of the date, time and place at which the hearing to investigate her 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 complaints are not well-founded.
Consequently, I decide accordingly in relation to complaint reference CA-00033387 and with regards to complaint reference CA-00033386, I find no grounds exist on which to issue a recommendation. |
Dated: 8th October 2020
Workplace Relations Commission Adjudication Officer: Ray Flaherty