ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00030741

Parties:

	Complainant	Respondent
Parties	Damien Wrynne	Height For Hire Limited

	Complainant	Respondent
Anonymised Parties	Damien Wrynne	Height For Hire Limited

Representatives

N/A

Complaints:

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-00041052-001	16/11/2020
Complaint seeking adjudication by the Workplace Relations Commission under Section 28 of the Safety, Health & Welfare at Work Act, 2005	CA-00041052-002	16/11/2020

Date of Adjudication Hearing: 09/08/2021

Workplace Relations Commission Adjudication Officer: Breiffni O'Neill

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 complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.

Background:

The Complainant began his employment with the Respondent as an Area Sales Manager on 5 June 2017 and was paid an annual salary of €35,000 per annum. His employment was terminated by reason on redundancy on 31 August 2020. He asserted that he was unfairly selected for redundancy and that he was deliberately targeted because he had raised an issue about bonuses in 2018.

Summary of Complainant’s Case:

The Complainant did not attend to give evidence at the hearing.

Summary of Respondent’s Case:

The Respondent attended the hearing.

Findings and Conclusions:

Having reviewed the case file, I am satisfied that the Complainant was on notice of the hearing because he notified the WRC in an email on 3 August that he would attend on the day.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

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-00041052-001: As the Complainant did not attend to give evidence, I find that he was not unfairly dismissed

CA-00041052-002: As the Complainant did not attend to give evidence, I find that his complaint is not well founded.

Dated: 16th August 2021

Workplace Relations Commission Adjudication Officer: Breiffni O'Neill

Key Words:

Non-attendance;