ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00027193
Parties:
| Worker | Employer |
Anonymised Parties | An Insurance Executive | An Insurance Company |
Representatives | Did not appear. | Company Managers |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00034816-001 | 24/02/2020 |
Date of Adjudication Hearing: 05/05/2021
Workplace Relations Commission Adjudication Officer: Michael McEntee
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.
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 dispute concerns the alleged Unfair Dismissal of the Worker by the Employer. The Worker did not have 12 months employment service. The employment began on the 24th of June 2019 and ended on the 31st January 2020. The rate of pay was € 1652 Gross per month |
1: Summary of Worker’s Case:
The Worker, despite being notified and having been in communication with the WRC Administration, did not attend the Oral Hearing. No explanation for non-attendance was given post the Hearing. No evidence was presented to support his case. |
2: Summary of Employer’s Case:
The Employer attended the Hearing but in the absence of any Worker case was not required to give evidence. |
3: Findings and Conclusions:
A complaint in relation to a Dispute was received by the Director General of the Workplace Relations Commission from the Worker on 24th February 2020 referring a Dispute with his former employer covered by the terms of the Industrial Relations Act, 1969. The said complaint was referred to me for investigation and Recommendation. A hearing for that purpose was held on 5th May 2021. 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 and by E mail 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. |
3: Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
As the Worker, having been properly notified, did not attend the Oral Hearing and presented no evidence the Complaint (CA-00034816-001) is not well founded.
Dated: July 9th 2021
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Unfair Dismissal, Less than 12 months service, No attendance by Worker at Hearing |