ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027018
Parties:
| Complainant | Respondent |
Anonymised Parties | A Site Manager | A Retailer |
Representatives | Did not attend | Sherwin O'Riordan Solicitors |
Complaints:
Act | Complaint Reference Nos. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00034600-001 | 12/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00034600-002 | 12/02/2020 |
Date of Adjudication Hearing: 13/10/2020
Workplace Relations Commission Adjudication Officer: James Kelly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 – 2015 following 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.
Summary of Complainant’s Case:
The Complainant did not attend the hearing. |
Summary of Respondent’s Case:
The Respondent attended the hearing and was ready to defend its position. |
Findings and Conclusions:
The complaints were received by the Director General of the Workplace Relations Commission on 12 February 2020, where the Complainant alleged breaches of the above statutes. The complaints were referred to me for investigation. A hearing was scheduled for 9:30am on 13 October 2020 in the WRC buildings in Carlow. There was no appearance by or on behalf of the Complainant at the hearing. I am satisfied that the Complainant was sent notice in writing to the address provided on the complaint form 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 complaints are not well-founded and I decide accordingly. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
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.
CA-00034600-001 - Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 I find that the complaint is not well-founded. CA-00034600-002 - Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 I find that the complaint is not well-founded. |
Dated: October 29th 2020
Workplace Relations Commission Adjudication Officer: James Kelly
Key Words:
Complainant No show – not well founded |