ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00022786
Parties:
| Complainant | Respondent |
Anonymised Parties | {A Worker} | {A Care Service} |
Representatives | Dave Curran SIPTU | Aisling McDevitt IBEC |
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-00029470-001 | 04/07/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00029470-002 | 04/07/2019 |
Date of Adjudication Hearing: 16/10/2019
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance Section 13 of the Industrial Relations Acts 1969following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The Worker has been employed with the Respondent since 2008. |
Summary of Complainant’s Case:
The Worker lodged a grievance with the Respondent regarding his treatment following an incident. He is dissatisfied with the investigation and subsequent disciplinary action. The investigation was biased and ignored evidence favourable to him and breached procedures. |
Summary of Respondent’s Case:
The Respondent and their representatives were present for the hearing. |
Findings and Conclusions:
The hearing of this dispute was previously adjourned on request of the parties. On the day of the hearing the Worker was at work and was not present for the hearing. The Workers representatives renewed their application for an adjournment due to a close party’s illness. Satisfactory evidence was not provided. The adjournment application was refused and the hearing was adjourned for a short period to allow the Worker to attend the hearing. There was no appearance by the Worker at the hearing. In the absence of any submissions in relation to the dispute, I cannot recommend concession of the claim. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
In the absence of any submissions in relation to the dispute, I cannot recommend concession of the claim. |
Dated: 1st September 2020
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll