ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00029648
Parties:
| Complainant | Respondent |
Parties | Hugh Carvill | Northern Trust Management Services (Ireland) Limited |
Representatives |
| Mason Hayes & Curran |
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-00039647-001 | 07/09/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00039647-002 | 07/09/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00039648-001 | 07/09/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00039648-002 | 07/09/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00039649-001 | 07/09/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00039649-002 | 07/09/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00039650-001 | 07/09/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00039650-002 | 07/09/2020 |
Date of Adjudication Hearing: 07/12/2021
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Procedure:
In accordance with 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.
Background:
The complainant was employed in a full-time capacity as a team leader by the respondent commencing in March 2018. The complainant’s employment terminated in 2020. |
Summary of Complainant’s Case:
The complainant was unfairly dismissed without proper procedures. The complainant had to leave his employment due to the actions of his employer and which amounted therefore to a constructive dismissal. |
Summary of Respondent’s Case:
The respondent did not dismiss the complainant. The respondent tendered his resignation of his own volition on the basis that he had obtained alternative employment. |
Findings and Conclusions:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The complaints were received by the Director General of the WRC from the complainant alleging that the respondent had contravened the provisions of the Unfair Dismissal Act, 1977, in relation to him. The said complaints were referred to me for investigation. A hearing for that purpose was held on 7 December 2021. There was no appearance for or on behalf of the complainant at the hearing. I am satisfied that the complainant was informed in writing of the date and time at which the hearing to investigate the complaints would be held. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaints are not well founded and I find accordingly. It would appear that the complainant submitted multiple copies of the original two complaints that are referenced as CA-00039647-001 and CA-00039647-002. |
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.
Complaint No. CA-00039647-001: For the reasons outlined above I find that this complaint under the Unfair Dismissals Act, 1977, is not well founded. Complaint No. CA-00039647-002: For the reasons outlined above I find that this complaint under the Unfair Dismissals Act, 1977, is not well founded. As noted above the other complaints listed as CA-00039648/CA-00039649/ CA-00039650 are obviously duplicates of the above complaints and which were submitted in error. |
Dated: 07th January 2022
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Key Words:
Unfair Dismissals Act 1977 |