ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00031139
Parties:
| Worker | Employer |
Anonymised Parties | A Retail Assistant | A Retail Shop |
Representatives | None | None |
Dispute:
Workplace Relations Commission Adjudication Officer: Aideen Collard
Date of Hearing: 15/11/2021
Location of Hearing: Remote Hearing
Procedure:
This dispute pursuant to Section 13 of the Industrial Relations Act 1969 was referred to the Workplace Relations Commission (hereinafter ‘WRC’) on 4th December 2020. There was no objection to an investigation of this dispute by an Adjudication Officer of the WRC by the Employer within the requisite time-limit under Section 36(1) of the Industrial Relations Act 1990. Following delegation to me by the Director General, I inquired into this dispute and gave the Parties an opportunity to be heard and to present any relevant evidence. I held a remote hearing on 15th November 2021 at 3.30pm pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designates the WRC as a body empowered to hold remote hearings.
Neither Party attended at the hearing. I was satisfied that both Parties had been properly notified of the remote hearing date and time by letters dated 18th October 2021. I also noted that the WRC had made numerous efforts over a number of days to telephone the Parties and obtain email addresses in order to send remote hearing links. Whilst the Employer answered and provided an email address, the Worker did not answer his phone. No communications have been received from the Worker indicating any difficulty attending this hearing, seeking a postponement or withdrawing this dispute. In the absence of same, it is therefore necessary to bring this matter to a conclusion.
Summary of Worker’s Case:
The Worker did not attend at this hearing to pursue his dispute against the Employer as outlined in his complaint form and did not submit any supporting written submissions and/or documentation.
Summary of Employer’s Case:
The Employer did not attend at this hearing or submit any written submissions or documentation.
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute. I am satisfied that both the Worker and the Employer were properly notified of the remote hearing of this complaint as scheduled for 15th November 2021 at 3.30pm. I am further satisfied that the WRC made exhaustive efforts to contact the Parties to confirm their attendance and provide them with a hearing link. No communications have been received from the Worker indicating any difficulty attending the hearing, seeking a postponement or withdrawing this dispute. I therefore consider his non-attendance at this hearing to constitute an abandonment of this dispute. In the absence of pursuit of this dispute, I recommend no action against the Employer.