ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026724
Parties:
| Complainant | Respondent |
Anonymised Parties | A Bar Staff | A Sports and Leisure Club |
Representatives | Gaffney Halligan & Co Solicitors | Brady Kilroy Solicitors |
Complaint:
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-00034026-001 | 28/01/2020 |
Date of Adjudication Hearing: 20/08/2020
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 – 2015 following 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 was employed by the respondent as a member of the bar staff from 22 February 2014 until 4 December 2019. She claims she unfairly dismissed. |
Summary of Complainant’s Case:
A hearing was arranged for 20 August 2020 to hear evidence in this case. The complainant failed to attend. |
Summary of Respondent’s Case:
The respondent attended the hearing. |
Findings and Conclusions:
The complaint was referred to me for investigation. A hearing for the purpose was arranged for 20 August 2020. The complainant’s representative sought a postponement of the hearing at 5pm the day before the hearing. This request was not considered to amount to exceptional circumstances and the representative was advised the hearing would proceed the following day. The complainant and her representative failed to attend the hearing. I am satisfied the complainant was aware of the date, time and place of the hearing. In these circumstances and in the absence of any evidence to the contrary I conclude that this complaint is not well founded. |
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.
I decide that this complaint is not well founded for the reasons outlined above. |
Dated: 15th September 2020
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
Key Words:
Failure to attend |