ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026444
Parties:
| Complainant | Respondent |
Parties | Denise Bissett | G S Associates |
Representatives | N/A | Peter Murphy McInnes Dunne Murphy Solicitors |
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-00033793-001 | 10/01/2020 |
Date of Adjudication Hearing: 08/06/2022
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following 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.
Specifically, I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
The Complainant did not attend the hearing and informed the concierge when contacted in advance that she was unable to do so. Given that she did not seek a postponement, the hearing proceeded in her absence.
Summary of Complainant’s Case:
The Complainant did not attend the hearing. |
Summary of Respondent’s Case:
The Respondent attended the hearing along with their legal representative. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission from Denise Bissett on 10 January 2020 alleging that the Respondent contravened the provisions of the Unfair Dismissals Act, 1977. The said complaint was subsequently referred to me for investigation. A hearing for that purpose was held on 8 June 2022. There was no appearance by or on behalf of the Complainant at the hearing. I am satisfied that the Complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held but chose not to attend or seek a postponement. |
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.
Given the Complainant’s failure to attend the hearing, I find that she was not unfairly dismissed. |
Dated: 21-06-2022
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
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