ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028762
Parties:
| Complainant | Respondent |
Parties | Richard Masterton | Mintbet Bookmakers Mintbet |
Representatives | None | None |
Complaint(s):
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-00038095-001 | 19/06/2020 |
Date of Adjudication Hearing: 26/01/2022
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The complaint form identified the complaint as being one of unfair dismissal. |
Summary of Complainant’s Case:
No appearance at the Adjudication. |
Summary of Respondent’s Case:
No appearance at the Adjudication. |
Findings and Conclusions:
No appearance |
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 advance of the Adjudication hearing on 26 January 2022, no response was received by the WRC from parties either to the hearing notification or to the invitation to attend the remote Adjudication hearing. On the morning of the Adjudication, as there was no attendance by either party the WRC concierge attempted to contact them by telephone. There was no answer by the Respondent and the Complainant’s telephone indicated that the telephone number had been discontinued. The most recent correspondence received by the WRC from either party had been in September and October 2020 and between the issue of the complaint and the Adjudication hearing the Complainant did not contact the WRC to inform it that any change in his contact details had taken place. The onus is upon a Complainant to bring a complaint and because there was no appearance at the Adjudication hearing, the adjudication did not proceed. I am satisfied that the WRC put the parties on notice of the Adjudication hearing. As the Complainant did not attend this Adjudication hearing, despite being given an opportunity to do so, the Complainant has not discharged the onus that is upon him to present his complaint, I find that this complaint has not been evidenced and for that reason, is not well founded |
Dated: 26th January 2022
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Unfair Dismissal - No appearance |