ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026650
Parties:
| Complainant | Respondent |
Anonymised Parties | A Care Worker | Home Help Provider |
Representatives | Did not attend | Michael Kinsley, BL, instructed by Jason O'Sullivan, J.O.S Solicitors |
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-00033911-001 | 21/01/2020 |
Date of Adjudication Hearing: 24/08/2020
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015, andfollowing the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant commenced employment with the Respondent, a Home Help Provision company, on 10 January 2018, in the role of Care/Support Worker.
In August 2019, the Respondent commenced disciplinary proceedings against the Complainant on foot of allegations of gross misconduct. The Complainant, having availed of the Appeals Process, was dismissed by the Respondent with effect from 15 August 2019.
On 21 January 2020, the Complainant submitted a complaint to the Director General of the Workplace Relations Commission claiming unfair dismissal and seeking adjudication in this regard under Section 8 of the Unfair Dismissal Act, 1977. |
Decision:
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.
The complaint, as set out above, was referred to me for investigation. A hearing for that purpose was held on 24 August 2020.
There was no appearance by or on behalf of the Complainant at the hearing. I am satisfied that the said Complainant was informed in writing of the date, time and place at which the hearing to investigate her 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 complaint is not well-founded and I decide accordingly. |
Dated: 30 September 2020
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Key Words:
Unfair Dismissal |