ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00026555

Parties:

Complaint:

Date of Adjudication Hearing: 28/08/2020

Workplace Relations Commission Adjudication Officer: Aideen Collard

Procedure:

Pursuant to Section 8 of the Unfair Dismissals Acts 1977-2015, the Director General of the Workplace Relations Commission (hereinafter ‘WRC’) referred the aforesaid complaint received on 16th January 2020, to me for adjudication. This complaint was initially listed for hearing on 3rd April 2020 but was postponed owing to Government restrictions arising from the Coronavirus (Covid-19) pandemic. It was rescheduled for hearing on 28th August 2020. I proceeded to hearing at the scheduled time and gave the Parties an opportunity to be heard. Two Directors and their Representative, Andrew McCann of Workplace Relations Solutions were in attendance on behalf of the Respondent. There was no attendance by or on behalf of the Complainant. I satisfied myself that a letter dated 23rd July 2020 had issued to the Complainant at the address provided, confirming the date, venue and time of the hearing. The Complainant had also been copied with the Respondent’s written submissions and accompanying documentation. I confirmed that the Complainant had not contacted the WRC to apply for a postponement or indicate any difficulty attending. I also made enquiries as to his whereabouts and allowed at least 30 minutes to elapse. Before excusing the Respondent, I indicated that I would allow a reasonable period of time for the Complainant to contact the WRC with an explanation for his non-attendance and depending upon the nature of same, the hearing may be rescheduled. In circumstances where no further contact has been made by or on behalf of the Complainant to date, I have proceeded to issue my decision.

Summary of Complainant’s Case:

The Complainant referred a complaint of unfair dismissal under Section 8 of the Unfair Dismissals Acts 1977-2015 arising from his dismissal for gross misconduct by the Respondent to the WRC. The only communications from the Complainant was his complaint form and a follow-up email on 7th February 2020. There was no attendance by or on his behalf at the hearing to pursue this complaint.

Summary of Respondent’s Case:

Two Directors attended at the hearing along with their Representative, Andrew McCann of Workplace Relations Solutions and were prepared to give evidence in defence of this complaint on behalf of the Respondent in accordance with the written submissions submitted on its behalf.

Decision:

Section 8 of the Unfair Dismissals Acts 1977-2015 requires that I make a decision in relation to this complaint. I am satisfied that a letter dated 23rd July 2020 issued to the Complainant at the address provided, confirming the date, venue and time of the hearing, and further, that he did not contact the WRC to seek a postponement or indicate any difficulty attending. A reasonable period of time has elapsed since the hearing and before issuing this decision, to allow for the Complainant to contact the WRC with an explanation for his non-attendance but no such contact has been made to date. I therefore find his non-attendance at the hearing to pursue his complaint unreasonable in the circumstances. In the absence of any intention to pursue this complaint, same is dismissed.

Dated:   14/09/2020

Workplace Relations Commission Adjudication Officer: Aideen Collard