ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027850
Parties:
| Complainant | Respondent |
Anonymised Parties | A Retail Worker | A Supermarket Chain |
Representatives | Robert McNamara of Mandate Trade Union | Niamh Ní Cheallaigh of IBEC |
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-00035980-001 | 01/05/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00035980-002 | 01/05/2020 |
Date of Adjudication Hearing: 10/09/2020
Workplace Relations Commission Adjudication Officer: Michael McEntee
1: Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015; Section 8 of the Unfair Dismissals Acts, 1977 – 2015 and Section 12 of the Minimum Notice & Terms of Employment Act, 1973following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
2: Non-Appearance by Complainant
Complaints were received by the Director General of the Workplace Relations Commission on the 1st May 2020 from the Complainant alleging that her employer contravened the provisions of the Unfair Dismissal Act, 1977 and the Minimum Notice & Terms of Employment Act, 1973 in relation to her. The said complaints were referred to me for investigation.
The Complainant did not attend at the Oral Hearing. I was satisfied that proper notice in writing of the date, time and place of the Hearing had been properly served.
I was satisfied that no evidence of any mitigating circumstances to explain or seek to excuse the non-appearance were received by the WRC either at the date of the Hearing or during a period of three weeks afterwards.
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.
3: Background:
The issues in contention concerned the alleged Unfair Dismissal and related Minimum Notice complaints of a Retail worker by a Supermarket Chain. The employment commenced on the 25th November 2005 and ended on the 8th November 2019. |
4: Findings and Conclusions:
Complaints CA-00035980-001- Unfair Dismissal and CA-00035980-002- Minimum Notice are deemed to be Not Well Founded. |
5: Decision:
Section 41 of the Workplace Relations Act 2015; Section 12 of the Minimum Notice & Terms of Employment Act, 1973 and Section 8 of the Unfair Dismissals Acts, 1977 – 2015 require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts
CA-00035980-001- Unfair Dismissal and CA-00035980-002- Minimum Notice are Not Well Founded.
Dated: 20th October 2020
Workplace Relations Commission Adjudication Officer: Michael McEntee