ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: ADJ-00036266

Parties:

	Complainant	Respondent
Anonymised Parties	A crew member	A Fast Food Franchise

Representatives

Dispute(s):

Act	Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00039217-003	18/08/2020

Workplace Relations Commission Adjudication Officer: John Harraghy

Date of Hearing: 02/12/2020

Location of Hearing: Webex remote platform

Procedure:

In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s). The matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.

Background:

The employee commenced employment as a crew member with the respondent on 22/09/2019. The respondent operates a fast food franchise. He was laid off for a period of time due to COVID-19. He was then offered work in another of the employers restaurants. Performance issues were noted and dealt with. These continued and the employer transferred him back to his original restaurant. His probation was extended and when he failed to take up some of his shifts he was dismissed. The employee alleges that this dismissal was related to the bullying and harassment he was subjected to.

Summary of Employee’s Case:

The employee or a representative on his behalf did not attend the hearing and did not contact to explain his non-attendance.

Summary of Employer’s Case:

The employer and a number of witnesses attended the hearing and were ready to outline the details of the matter in dispute and defend their handling of the issues in dispute.

Conclusions:

I am satisfied that the employee had been properly notified of the remote hearing date and time by letter dated 28/10/2021. I also note that the WRC made a number of efforts to contact the employee, but he did not respond. No communication was subsequently received from the employee indicating any difficulty attending the hearing, seeking a postponement or withdrawing this dispute.

Recommendation:

Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute. As there was no communication from the employee I consider his non-attendance at the hearing to constitute a withdrawal of this dispute.

Dated: 08th December 2021

Workplace Relations Commission Adjudication Officer:

Key Words:

Non-attendance. No communication. Withdrawal of the dispute.