ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030698
Parties:
| Complainant | Respondent |
Parties | Norbert Kurek | Lidl Lidl Ireland Gmbh |
Representatives | Luke Hanahoe Hanahoe & Hanahoe Solicitors/Mark Gibbons BL | Killian OREilly Fieldfisher/Moira Flahive BL |
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-00040989-001 | 13/11/2020 |
Date of Adjudication Hearing: 26/01/2022
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 – 2015following 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 employer and claims that he was unfairly dismissed |
Summary of Complainant’s Case:
A hearing was arranged for the 26th of January 2022 to hear the evidence in this case and the complainant failed to attend. Counsel stated that his client had been informed by his solicitor of the date and time of the hearing. Counsel and the instructing solicitor were afforded time to make contact with their client. |
Summary of Respondent’s Case:
The respondent attended the hearing and was ready to present their case. |
Findings and Conclusions:
The complaint was referred to me for investigation. A hearing for that purpose was held on the 26th of January. There was no appearance by the complainant at the hearing. I am satisfied that the complainant was informed in writing of the date, time and place of the hearing. In these circumstances and in the absence of any evidence to the contrary, I conclude that the complainant was not unfairly dismissed by the respondent employer. |
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.
I dismiss the complaint and in the circumstances of the complainant failing to attend at the hearing and in the absence of any evidence to the contrary, I determine that the complainant was not unfairly dismissed by the respondent employer. |
Dated: 07-02-22
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No show-Unfair Dismissal |