ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00026720
Parties:
| Complainant | Respondent |
Anonymised Parties | Cleaner | Services Provider |
Representatives | No Attendance | Mr. Hugh Hegarty, Management Support Services (Ireland) Ltd |
Dispute:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00033991-001 | 25/01/2020 |
Date of Adjudication Hearing: 15/12/2020
Workplace Relations Commission Adjudication Officer: Brian Dolan
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969 following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
On 25th January 2020 the Worker referred the present dispute to the Commission. On 10th February 2020 the Employer’s representative positively elected to engage in the dispute. A hearing in relation to the same was convened and finalised on 15th December 2020. This hearing was conducted by means of a remote platform, with no technical issues experienced during the same. |
Summary of the Worker’s Case:
The Worker did not attend the hearing. From the date of the hearing, the Worker did not provide any rationale for her non-attendance. Having reviewed the file, it is clear the Worker received correspondence notifying her the date, time and format of the hearing. |
Summary of Respondent’s Case:
The Respondent, their witnesses and representative attended the hearing at the appointed time and indicated that they were prepared to fully defend the claim. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations commission from the employee on 25th January 2020 alleging that her former employer contravened the provisions of Industrial Relations Act in relation to her. The said complaint was referred to me for investigation. A hearing for that purpose was held on 15th December 2020. There was no appearance by or on behalf of the Worker at the hearing. I am satisfied that the said Worker was informed in writing of the date, time and place at which the hearing to investigate the 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. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I find that the complaint is not well-founded and consequently I do not recommend in favour of the Worker. |
Dated: 7th April, 2021
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance. |