ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017906
Parties:
| Complainant | Respondent |
Parties | Witold Slowik | Slaney Foods International |
Representatives | None | Siobhan McGowan, Alastair Purdy & Co. Solicitors |
Complaint(s):
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-00023096-001 | 08/11/2018 |
Date of Adjudication Hearing: 27/04/2021
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complainant was employed as a butcher commencing employment with the respondent in June 2003. In May 2012 the complainant went on sick leave and was unable to resume work since that date. The complainant’s position was kept under review by the respondent. The complainant’s employment was terminated by the respondent in July 2018. The complainant lodged a complaint of unfair dismissal with the WRC in November 2018. This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020, and SI No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. |
Summary of Complainant’s Case:
The complainant was unfairly dismissed whilst on sick leave. |
Summary of Respondent’s Case:
The respondent maintained the complainant as an employee for 6 years after he was certified as unfit to work. The respondent only sought to terminate the complainant’s employment when he confirmed that he would never return to the workplace. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission from the complainant on 8 November 2018 alleging that his former employer had contravened the provisions of the Unfair Dismissals Act, 1977 in relation to him. A hearing for that purpose was held on 27 April 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 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. |
Decision:
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.
Complaint No. CA-00023096-001: For the reasons set out above I find that this complaint under the Unfair Dismissals Acts, 1977 – 2015, is not well-founded. |
Dated: 4th June 2021
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Key Words:
Unfair Dismissals Act Non-attendance of complainant |