Complainant

Respondent

Anonymised Parties

A General Operative

A Joinery Company

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts

CA-00047085-001

10/11/2021

On November 11, 2021, the Worker submitted a complaint that he had been compelled to leave his workplace on 10 November 2021. He gave a Romanian contact address.

Clarifications were required on the nature of the complaint before the dispute was notified to the Employer in the case on December 1, 2021.

On 23 May 2022, the Worker was informed by the WRC that the Employer had not responded to the notification or submitted an objection.

On 20 June 2022, both parties were notified of the hearing date of 19 August 2022 at 09.30hrs

Neither Party attended the scheduled hearing and neither Party offered an outline submission in the case.

I have waited the obligatory 5 days just in case either party has contacted the WRC. I am satisfied that neither party made contact either immediately before the hearing, during the hearing or in the hearing aftermath.

This is disappointing and disrespectful from both parties towards a statutory body.

If the matter had been resolved or a decision taken not to advance the case had emerged, it would have been helpful if either Party had contacted the Post Registration Unit.

The Worker is a Romanian General Operative, who described his employment as commencing on 4 October 2021 and concluding on 10 November 2021.

The Dispute was lodged to the WRC one day after this conclusion. The claim was described as a claim for constructive dismissal without having the 12 months service within the Industrial Relations domain.

The Dispute is summarised as a stated dissatisfaction surrounding the application of emergency tax codes. The Worker  recounted an absence from work, which he said was managed badly by the company in terms of communication to a family member.

The Worker submitted

“….. I claim my right amount of money I deserved according to my work contract ……

The Worker did not make an appearance at hearing. He did not explain his nonappearance.

The Employer has not engaged in this case, has not submitted a response to the claim or made an appearance at hearing

My role in this case is outlined in Section 13 of the Industrial Relations Act, 1969. I prepared for hearing by reading the Complaint form.

I was disappointed when neither party attended at hearing.

I am satisfied that both parties were fully on notice of the time place and forum for the hearing. The nonappearance by both parties compromised my keen interest in conducting the  planned investigation.

In a recent case held under Section 20(1) of the IR Act, the Labour Court in HSE V a Worker , LCR 22637 considered the implications of the nonappearance by either the complainant or her representative at hearing when they concluded:

In circumstances, where the Worker and her representative failed to attend the hearing, the complaint fails due to her failure to pursue her claim. The Court recommends that the issue be regarded as closed.

I find that I cannot bring my investigation any further. The claim has fallen as the Worker did not attend the hearing to pursue his claim.

I conclude that the matter is closed.

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

I find that I cannot bring my investigation any further. The claim has fallen as the Worker did not attend the hearing to pursue his claim.

I conclude that the matter is closed.

Dispute on circumstances surrounding a dismissal   Non Appearance by both Parties