ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037359
Parties:
| Complainant | Respondent |
Parties | Patrick O'Brien | Regional Telecom Ltd Regional Broadband |
Complaint:
Act | Complaint 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-00048742-002 | 21/02/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00048742-003 | 21/02/2022 |
Date of Adjudication Hearing: 10/08/2022
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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.
Summary of Complainant’s Case:
The complainant did not attend the hearing. |
Summary of Respondent’s Case:
The respondent was in attendance. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission by the complainant alleging breaches of the above statutes. I am satisfied that the said complainant was sent notice in writing to the address provided on the complaint form of the date, time and place at which the hearing to investigate the complaint would be held. The address included the complainant’s Eircode. He had also engaged with the WRC in the days prior to the hearing. The said complaint was referred to me for investigation. There was no appearance by or on behalf of the complainant at the hearing. There is an onus on any party to a complaint, (but in particular a complainant) to attend for a hearing of which they have been given proper notice. 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 and I decide accordingly. |
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.
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.
For the reasons set out above complaint CA-00048742-002 and -003 are not well founded. |
Dated: 18th August 2022.
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
‘No show’ by complainant. |