ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027341
Parties:
| Complainant | Respondent |
Anonymised Parties | A Nail Technician | A Nail Bar |
Representatives | Robinson Solicitors | None |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00034938-001 | 01/03/2020 |
Date of Adjudication Hearing: 07/09/2020
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 1st March 2020, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Unfair Dismissals Act. The complaint was scheduled for adjudication on the 7th September 2020.
At the time the adjudication was scheduled to commence, it became apparent that there was no attendance by or on behalf of the complainant. The respondent and two witnesses were in attendance. I verified that the complainant and her solicitor were on notice of the time, date and venue of the hearing. I waited some time to accommodate a late arrival. There was still no appearance by or on behalf of the complainant. I then opened the hearing.
In accordance with 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.
Summary of Complainant’s Case:
The complainant did not attend the adjudication to open her complaint. |
Summary of Respondent’s Case:
The respondent attended the hearing in order to respond to the claim of unfair dismissal. |
Findings and Conclusions:
I find that the complainant has not established that there was a contravention of the Unfair Dismissals Act as she did not attend the adjudication to advance her claim. |
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.
CA-00034938-001 As the complainant did not attend the adjudication to advance her claim, I decide pursuant to section 8(1)(c)(iii) to dismiss the claim of unfair dismissal. |
Dated: 14-09-2020
Workplace Relations Commission Adjudication Officer: Kevin Baneham