ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027382
Parties:
| Complainant | Respondent |
Parties | Petra Bendova | Plaza Tallaght Hospitality Limited The Plaza Hotel |
Representatives | No show | Judy McNamara IBEC |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00035060-001 | 05/03/2020 |
Date of Adjudication Hearing: 19/05/2022
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 complaint relates to allegations that the complainant’s hours of work were drastically reduced while others with less service were more favourably treated. The employee left her employment alleging a fundamental breach in her contract and complained that the behaviour of her employer caused her stress. |
Summary of Complainant’s Case:
A hearing was arranged for the 19th of May 2022 to hear evidence in this case and the complainant failed to attend. |
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 19th of May 2022. 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. |
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 determine that the complainant was not Unfairly Dismissed having regard to the fact that she failed to attend to present her case that she was constructively dismissed. As the respondent did attend and was ready to rebut that allegation I must find that the complaint is not well founded and she was not unfairly dismissed. |
Dated: 14-06-2022
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No show. |