ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00019465

Parties:

	Complainant	Respondent
Anonymised Parties	An Employee	An Employer

Representatives

Pat O'Donoghue SIPTU

David McCarroll, RDJ Solicitors

Complaint(s):

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-00025422-001	30/01/2019

Date of Adjudication Hearing: 14/05/2019

Workplace Relations Commission Adjudication Officer: Ray Flaherty

Procedure:

In accordance with Section 13 of the Industrial Relations Acts 1969 andfollowing 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:

The Complainant submitted his complaint to the WRC on 30 January 2019. The claim lodged under the Industrial Relations Act, 1969, concerned the appeal of a Final Written Warning.

Summary of Complainant’s Case:

The Complainant did not attend on the day of the Hearing and no submission in support of his claim was received.

Summary of Respondent’s Case:

The Respondent attended on the day of the Hearing and was in a position to present submission in response to the Complainant’s claim. However, in the absence of the Complainant or any submission on his behalf, the Respondent did not present their submission.

Findings and Conclusions:

The Complainant did not attend for the Hearing. Neither had I been provided with any submission or detail of his claim in advance of the Hearing. No contact was received from the Complainant or his Trade Union Representative on the morning of the Hearing with regard to any reason for their nonattendance.

Consequently, having checked that the Complainant was duly notified of the Hearing and having delayed the start of the Hearing by 30 minutes, I had no option but to cancel the Hearing.

Recommendation:

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

A complaint was received by the Director General of the Workplace Relations Commission from the Complainant on 30 January 2019 seeking adjudication under Section 13 of the Industrial Relations Act, 1969. The said complaint was referred to me for investigation.

A Hearing for that purpose was held on 14 May 2019. There was no appearance by or on behalf of the Complainant at the Hearing. The Respondent was represented at the Hearing.

I am satisfied that the Complainant was informed in writing of the date, time and place at which the Hearing to investigate his complaint would be held. In these circumstances and 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, as a result, I’m not in a position to issue a recommendation in this regard.

Dated: 13th August 2021