ADJUDICATION OFFICER DECISIONS
Adjudication Reference: ADJ-00031007
Parties:
| Complainant | Respondent |
Parties | Nima Amjadi | Claddagh Ring Limited T/A Claddagh Jewellers |
Representatives | None | Katherine McVeigh BL instructed by Miley & Miley solicitors |
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-00041453-001 | 08/12/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00041486-001 | 09/12/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00041487-001 | 09/12/2020 |
Date of Adjudication Hearing: 21/06/2021
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 8th and 9th December 2020, the complainant submitted complaints to the Workplace Relations Commission pursuant to the Unfair Dismissals Act. The complaints were scheduled for hearing on the 21st June 2021.
The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020, which designated the Workplace Relations Commission as a body empowered to hold remote hearings.
At the time the hearing was scheduled to commence, 3.30pm, it was apparent that there was no attendance by or on behalf of the complainant. The respondent was in attendance and represented by Katherine McVeigh, BL instructed by Miley & Miley solicitors.
Given that the complainant was not in attendance, I verified that the complainant was issued the notice of hearing correspondence in advance of the hearing. I verified with the Workplace Relations Commission case officer who concierged the remote hearing and who was in contact with the complainant in the days before the hearing and on the morning of the hearing. I verified with the case officer that the complainant was provided with the details to access the hearing via the app or by making a telephone call. Having taken these steps, I was satisfied that the complainant was aware that the time and date of the hearing and was provided with the link to access the hearing. I then proceeded with the hearing in the absence of the complainant.
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015following 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.
Summary of Complainant’s Case:
The complainant did not attend the hearing to open the complaints. |
Summary of Respondent’s Case:
The respondent attended the hearing to meet the complaints. |
Findings and Conclusions:
I find that the complainant has not established that there was a contravention of the Unfair Dismissals Act as the complainant did not attend the adjudication to advance the claim. |
Decisions:
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-00041453-001 As the complainant did not attend the adjudication to advance the complaint, I decide, pursuant to section 8(1)(c)(iii), to dismiss the claim of unfair dismissal. CA-00041486-001 As the complainant did not attend the adjudication to advance the complaint, I decide, pursuant to section 8(1)(c)(iii), to dismiss the claim of unfair dismissal. CA-00041487-001 As the complainant did not attend the adjudication to advance the complaint, I decide, pursuant to section 8(1)(c)(iii), to dismiss the claim of unfair dismissal. |
Dated: 6th September 2021
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Unfair Dismissals Act / dismissal of claim per section 8(1)(c)(iii) |