ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00029172
Parties:
| Complainant | Respondent |
Parties | Petru Esanu | Terway Unlimited Company t/a Begley Distribution |
Representatives | none | Dermot Sherlock Sherlock Law |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00038937-001 | 28/07/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00038937-002 | 28/07/2020 |
Date of Adjudication Hearing: 22/06/2021
Workplace Relations Commission Adjudication Officer: Marian Duffy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, andfollowing 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.
Background:
The Complainant is claiming the he was unfairly dismissed contrary to the terms of the Unfair Dismissals Act and that he did not get notice in accordance with the Minimum Notice & Terms of Employment Act, 1973 |
Summary of Complainant’s Case:
The Complainant did not attend the hearing. |
Summary of Respondent’s Case:
The Respondent and his witnesses together with legal representation attended the hearing. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission from the Complainant on the 28th July 2020 alleging that the Respondent unfairly dismissed him contrary to the provisions of the Unfair Dismissals Act, 1977 and that he failed to provide him with notice in accordance with the Minimum Notice and Terms of Employment Act, 1993. The said complaint was referred to me for investigation. A remote hearing for that purpose was held on the 22nd June 2021 There was no appearance by or on behalf of the complainant at the hearing. I am satisfied that the said complainant was informed in writing of the date and time of the remote hearing to investigate the complaint and that he was fully aware it was taking place. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I find no contravention of the of the above Acts and I dismiss the complaints. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint 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.
I find no contravention of the of the above Acts and I dismiss the complaints. |
Dated: 19th July 2021
Workplace Relations Commission Adjudication Officer: Marian Duffy
Key Words:
Complainant did not attend the hearing, |