ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00033497

Parties:

	Complainant	Respondent
Parties	Adrian Flynn	Merck Life Science Uk Limited

Representatives

N/A

IBEC

Complaint:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00044340-001	25/05/2021

Date of Adjudication Hearing: 17/11/2022

Workplace Relations Commission Adjudication Officer: Lefre de Burgh

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 – 2015, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The Complainant was employed by the Respondent as a production operator from 01/01/2007 until 21/12/2020. He alleges that he was unfairly dismissed by his employer.

Summary of Complainant’s Case:

The Complainant did not attend the adjudication hearing and was not represented. The Complainant had previously been represented but his Solicitor informed the WRC that she was coming off record prior to the date of the hearing, and that she had no further instructions in the matter.

Summary of Respondent’s Case:

The Respondent attended the adjudication hearing.

The Respondent submits that as the Complainant was not in attendance to pursue the complaint, the complaint should be dismissed.

Findings and Conclusions:

The complaint was received by the Director General of the Workplace Relations commission on 25th May, 2021 whereby the Complainant alleged that his former employer had contravened the provisions of the Unfair Dismissals Acts, 1977-2015, in relation to him. The complaint was assigned the complaint application number CA-00044340-001.

The said complaint was referred to me for investigation. A hearing for that purpose was arranged for November 17th, 2022. There was no appearance by or on behalf of the Complainant at the hearing.

Decision:

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.

In all the circumstances of the matter, I must find that the within complaint (CA-00044340-001) is not well-founded and I decide accordingly.

Dated: 08th December 2022

Workplace Relations Commission Adjudication Officer: Lefre de Burgh

Key Words:

Unfair dismissal; No appearance;