ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00031271
Parties:
| Complainant | Respondent |
Parties | Sylwester Wyrebiak | Alfa Omega Construction |
Representatives |
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Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00041665-003 | 22/12/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00041665-004 | 22/12/2020 |
Date of Adjudication Hearing: 12/07/2021
Workplace Relations Commission Adjudication Officer: Conor Stokes
Procedure:
In accordance with Section 41 of the Workplace Relations Act and Section 8 of the Unfair Dismissals Acts, 1977 - 2015,following 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:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. |
Summary of Complainant’s Case:
The complainant did not attend the hearing of this complaint. |
Summary of Respondent’s Case:
The respondent attended the hearing of this complaint. |
Findings and Conclusions:
As the complainant did not attend the hearing of this matter, no evidence was presented to me either in support of this claim. Hearing notification letters issued both parties as confirmed by their contacts with the WRC before the hearing, consequently I am satisfied that the parties are on notice. The complainant offered no explanation for his absence. CA-00041665-003 As the complainant did not attend this hearing, I find that this complaint is not well founded. CA-00041665-004 As the complainant did not attend this hearing, I find that this complainant was not unfairly dismissed. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints 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.
CA-00041665-003 My decision is this complaint is not well founded. CA-00041665-004 My decision is that this complainant was not unfairly dismissed. |
Dated: 12th October 2021
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Terms of Employment, Unfair Dismissal,Non attendance |