ADJ-00031667

ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00031667

Parties:

Complaint:

Date of Adjudication Hearing:  25/06/2021

Workplace Relations Commission Adjudication Officer:  Aideen Collard

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts 1977-2015, the Director General of the Workplace Relations Commission (hereinafter ‘WRC’) referred the aforesaid complaint received on 29th January 2021, to me for adjudication.  I held a remote hearing on 25th June 2021 at 3pm pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designates the WRC as a body empowered to hold remote hearings. I proceeded to hearing at the scheduled time and gave the Parties an opportunity to be heard and to present any evidence. 

The Respondent’s Representative and a witness were in attendance on behalf of the Respondent.  There was no attendance by the Complainant.  The WRC Concierge informed me that the Complainant had logged into the hearing at 2.25pm some 35 minutes early.  He had informed her that he would log back in at 2.50pm.  Instead he sent her a text message at 2.57pm informing her: ”Something has come up and I can’t make it.  I’m on a call in work and can’t get out of it.”  At 3.05pm he sent her another message stating: “Something has come up.  I can’t make it.”  There was no indication that he was seeking a postponement.  I satisfied myself that a letter dated 26th May 2021 had issued to the Complainant at his correct email address, confirming the date and time of the hearing and he had further been issued with a Webex link for this remote hearing.  I noted that the Complainant had been in contact with the WRC by email and had also been copied with the Respondent’s written submission by email.  I confirmed with WRC Administration that there had been no application by the Complainant for a postponement.  I heard from the Respondent and allowed a period of time to elapse before closing the hearing.  No further communications were received by or on behalf of the Complainant indicating any difficulties or formally withdrawing this complaint.  It is therefore necessary to issue a decision in this matter to bring it to a conclusion.

Summary of Respondent’s Case:

The Respondent’s Representative was in attendance at this hearing prepared to present evidence in defence of this complaint in accordance with a written submission and documentation submitted.  The fact of dismissal was disputed and it was contended that the Complainant had been laid off.

Summary of Complainant’s Case:

The Complainant submitted a complaint under Section 8 of the Unfair Dismissals Acts 1977-2015 claiming unfair dismissal by the Respondent.  There was no attendance by the Complainant at this hearing to pursue his complaint and/or give evidence including addressing the fact of dismissal.

Decision:

Section 8 of the Unfair Dismissals Acts 1977-2015 requires that I make a decision in relation to this complaint.  I am satisfied that the Complainant was properly notified of the remote hearing of this complaint as scheduled for 25th June 2021 at 3pm by virtue of his communications with the WRC / Concierge.  I am further satisfied that the Complainant was aware that he either had to apply to the WRC for a postponement or attend the hearing to pursue his complaint.  I therefore consider his non-appearance at the hearing due to work commitments without further communication to constitute an abandonment of his complaint.  In the absence of pursuit of this complaint and/or any evidence proffered by or on behalf of the Complainant, I find that he was not unfairly dismissed.

Dated:   July 26th 2021

Workplace Relations Commission Adjudication Officer:  Aideen Collard