ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00036332
Parties:
| Complainant | Respondent |
Anonymised Parties | Service agent | An airline |
Representatives |
| Owen Keany BL instructed by Leeman Solicitors |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00042166-003 | 27/01/2021 |
Workplace Relations Commission Adjudication Officer: John Harraghy
Date of Hearing: 14/12/2021
Location of Hearing: Webex Remote Platform
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s). The matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.
The employee and the employer were advised of the date time of the hearing on 22/11/2021. A Webex invitation was sent by the WRC to all participants on 10/12/2021. This e mail provided details of the link to the hearing along with “dial-in” instructions if required. The employee sent an e mail to the WRC thirty minutes before the hearing to say that he had difficulties connecting to the session and requesting that the hearing be rescheduled. He was advised to connect to the hearing but did not do so. He was contacted by the WRC, but he did not answer his phone. His representative was then contacted, and he expressed surprise at this development as he had not heard from the employee.
The employer, its representatives and witnesses attended the hearing. In order to exercise an abundance of caution I waited for some time to see if the employee would attend. He did not do so, and I then concluded the hearing. The employee contacted the WRC after the hearing to say that his phone was not working and that he could not connect and inquiring if it was possible to move the hearing. He was advised that the hearing commenced as scheduled and that he was given ample opportunity to connect and ensure that his equipment was in working order. He was also advised that the WRC has a robust postponement policy, and these are granted in exceptional circumstances and for substantial reasons and usually well in advance of the hearing.
Having checked with the WRC Concierge I received confirmation that there was no log on attempts made by the employee at any stage prior to or at the time of the hearing. Given the circumstances outlined above I do not accept that the employee has outlined or provided any evidence that his non-attendance was due to exceptional circumstances or for substantial reasons.
Background:
The employee worked for the employer from 15/01/2015 until his dismissal by reason of redundancy on 20/12/2021. He submitted his dispute to the WRC on 27/01/2021. He submits that his dismissal was unfair and that the decision to cut his hours was done unilaterally. |
Summary of Employee’s Case:
The employee did not attend the hearing and details of his reasons are as outlined above. |
Summary of Employer’s Case:
The employer and their representatives along with a number of witnesses attended the hearing and were prepared to defend their position in relation to this dispute. |
Conclusions:
As there was no appearance by or on behalf of the complainant at the remote hearing to pursue this dispute and/or give evidence in relation to this dispute it is not necessary for me to make any conclusions in this matter. I am satisfied that the employee was issued with a letter by e mail on 21/11/2021 advising him of the date and time of the hearing. The employee was also provided with log in details in advance of the hearing. E mail and phone contact at the time of the hearing were not responded to.
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute. As the employee did not attend the hearing it is not necessary to make any recommendation in relation to this dispute.
Dated: 5th January 2022
Workplace Relations Commission Adjudication Officer: John Harraghy
Key Words:
No attendance |