ADJUDICATION OFFICER DECISIONS
Adjudication Reference: ADJ-00026083
Parties:
| Complainant | Respondent |
Anonymised Parties | An electrician | An electrical contractor |
Representatives | None | Self |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033087-001 | 14/12/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00033087-002 | 14/12/2019 |
Date of Adjudication Hearing: 10/08/2020
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
The complainant referred these complaints to the Workplace Relations Commission. They were scheduled for adjudication on the 10th August 2020, following the easing of COVID-19 restrictions.
In accordance with section 41 of the Workplace Relations Act, 2015 and section 8 of the Unfair Dismissals Acts, 1977 - 2015following 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 adjudication to advance his complaints or set out the basis of any contravention. |
Summary of Respondent’s Case:
The respondent attended the adjudication to present evidence to rebut the complaints of contraventions of both the Organisation of Working Time Act and the Unfair Dismissals Act. |
Findings and Conclusions:
CA-00033087-001 This is a complaint pursuant to the Organisation of Working Time Act. The complainant did not attend the adjudication to show where a contravention of the Act had occurred. I, therefore, find that the complaint is not well-founded. CA-00033087-002 This is a complaint pursuant to the Unfair Dismissals Act. The complainant asserts constructive dismissal. The burden rests on the complainant to show repudiation of contract or that it was reasonable for him to resign. The complainant did not attend the adjudication to show how he met the burden of proof. It follows that the complainant was not unfairly dismissed and the complaint of unfair dismissal fails. |
Decisions:
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-00033087-001 I decide that the complaint pursuant to the Organisation of Working Time Act is not well-founded. CA-00033087-002 For the reasons set out above, I decide that the complainant was not unfairly dismissed, and the complaint of unfair dismissal fails. |
Dated: 14-09-2020
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Non-attendance by complainant |