ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00033520
Parties:
| Complainant | Respondent |
Parties | Thomas Walshe | Ebay Europe Services Limited |
Representatives | Sean Ormonde & Co Solicitors | Mason Hayes & Curran |
Complaint(s):
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-00044353-001 | 26/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00044353-002 | 26/05/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00044353-003 | 26/05/2021 |
Date of Adjudication Hearing: 29/11/2022
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 8 of the Unfair Dismissals Acts, 1977 – 2015and Section 79 of the Employment Equality Acts, 1998 – 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 nor his legal representative attended the hearing. |
Summary of Respondent’s Case:
The respondent provided comprehensive submissions on the claims raised by the complainant. The respondent attended with its legal representative and a number of witnesses who were in attendance to give evidence on the matters raised. |
Findings and Conclusions:
As part of my investigation, I am obliged to hold a hearing. I am satisfied that the complainant’s representative was notified of the arrangements for the hearing. I consider that the complainant’s failure to attend the hearing was unreasonable in the circumstances. I conclude the investigation and find against the complainant. |
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.
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
CA-00044353-001 Based on the circumstances outlined above and in the absence of any evidence to the contrary having been adduced before me, I conclude that this complaint is not well-founded and that the complainant was not unfairly dismissed. CA-00044353-002 Based on the circumstances outlined above and in the absence of any evidence to the contrary having been adduced before me, I conclude that the complainant was not discriminated against pursuant to the Employment Equality Acts. CA-00044353-003 Based on the circumstances outlined above and in the absence of any evidence to the contrary having been adduced before me, I conclude that the complainant was not discriminated against nor was he victimised pursuant to the Employment Equality Acts. |
Dated: 8th December 2022
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Key Words:
Non-attendance at hearing |