ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00025849
Parties:
| Complainant | Respondent |
Anonymised Parties | A Deputy Manager | A Retail Bookmakers |
Representatives |
| The HR Suite |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00032939-001 | 03/12/2019 |
Date of Adjudication Hearing: 17/02/2021
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
This complaint was submitted to the WRC on December 3rd 2019 and, in accordance with section 41 of the Workplace Relations Act 2015, it was assigned to me by the Director General. Due to the closure of the WRC as a result of the Covid 19 pandemic, a hearing was delayed until February 17th 2021. On that date, I conducted a hearing using remote video technology, with the intention of giving the parties an opportunity to be heard and to present evidence relevant to the complaint.
The respondent was represented by Ms Dominika O’Sullivan and Ms Michelle Burke of the HR Suite. Also in attendance was the District Manager, the Employee Relations Manager for Ireland, the Senior Employee Relations Manager (Retail) for the UK and Ireland and the Head of Retail Operations (Ireland).
The complainant did not log on to the remote meeting invitation. At my request, the case officer phoned him, but he did not answer the call. After waiting for 10 minutes, I decided that there was no benefit in waiting any longer and I instructed the case officer to close the meeting. In an email sent to the case officer at 11.46 on the day of the hearing, the complainant asked for the hearing to be re-scheduled, saying, “I do apologise that I never made the meeting today, my brother in law was laid to rest today and it totally left my mind.”
At the opening of the hearing, I was informed by the respondent’s representative that the complainant is no longer working for the respondent.
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.
I sympathise with the complainant on the death of his brother in law; however, it is my view that it would not have been unreasonable for him to notify the WRC before the scheduled time of the hearing that he could not attend. In the absence of any evidence to the contrary having been submitted, it is my view that this complaint is not well-founded and I decide accordingly. |
Dated: 08/03/2021
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Complainant did not attend the hearing. |