ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026765
Parties:
| Complainant | Respondent |
Anonymised Parties | A complainant | Financial Services Company |
Representatives | Did not attend | David McCarroll , Ronan Daly Jermyn, Solicitors |
Complaints:
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-00034076-001 | 30/01/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00034076-002 | 30/01/2020 |
Date of Adjudication Hearing: 08/09/2020
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, andfollowing 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, a financial payments processing company, in or about 2 July 2018, in the role of an IT Consultant.
On 28 January 2020, the Complainant tendered his resignation.
On 30 January 2020 the Complainant submitted two complaints to the Director General of the Workplace Relations Commission as follows:
1. Complaint reference CA-00034076-001 for constructive dismissal under Section 8 of the Unfair Dismissals Act, 1977.
2. Complaint reference CA-00034076-002 alleging contravention of Section 11 of the Minimum Notice & Terms of Employment Act, 1973.
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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.
and
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 above referenced complaints were referred to me for investigation. A hearing for that purpose was held on 8 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 his complaints 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 both of the within complaints are not well-founded and I decide accordingly. |
Dated: October 1st 2020
Workplace Relations Commission Adjudication Officer: Ray Flaherty