ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00032294

Parties:

Complaint:

Date of Adjudication Hearing:  29/04/2022

Workplace Relations Commission Adjudication Officer:  Aideen Collard

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts 1977-2015, the Director General of the Workplace Relations Commission (hereinafter ‘WRC’) referred the aforesaid complaint received on 19th February 2021, to me for adjudication.  I held a remote hearing on 29th April 2022 at 2pm pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S. I. 359/2020, which designates the WRC as a body empowered to hold remote hearings. This hearing was also held in public pursuant to the Workplace Relations (Miscellaneous Provisions) Act 2021.  The Respondent’s Solicitor and Director were in attendance on behalf of the Respondent.  There was no attendance by or on behalf of the Complainant.  A letter dated 21st March 2022 had issued to the Complainant to the correct email address provided confirming the date and time of the hearing and a remote hearing link subsequently issued.  I satisfied myself that exhaustive efforts had been made by the WRC Administration to contact the Complainant and ensure that he was properly notified. 

I further noted that following referral of his complaint, the Complainant had not engaged again with the WRC.  I allowed at least fifteen minutes to elapse before hearing from the Respondent and then closing the hearing.  No communications have been received from the Complainant in the interim indicating any difficulty attending at the hearing, seeking a postponement or withdrawing this complaint.  It is therefore necessary to issue a decision in this matter to bring it to a conclusion.

Summary of Respondent’s Case:

The Respondent’s Solicitor and Director were in attendance at this hearing prepared to present evidence in accordance with submissions and supporting documentation submitted herein.  The fact of dismissal was in dispute and it was the Respondent’s position that the Complainant had resigned.

Summary of Complainant’s Case:

The Complainant had referred a complaint of unfair dismissal against the Respondent contrary to the Unfair Dismissals Acts 1977-2015 on 19th February 2021 but had not further engaged with the WRC.  There was no attendance by the Complainant at this hearing to pursue this complaint.

Decision:

Section 8 of the Unfair Dismissals Acts 1977-2015 requires that I make a decision in relation to this complaint.  I am satisfied that the Complainant was properly notified of the remote hearing of this complaint as scheduled for 29th April 2022 at 2pm at the correct contact details provided.  I am further satisfied that the WRC Administration made exhaustive efforts to contact the Complainant and ensure that he was properly notified.  No communications have been received from the Complainant indicating any difficulty attending at the hearing, seeking a postponement or withdrawing this complaint.  I therefore consider his non-attendance at this hearing to constitute an abandonment of his complaint.  In the absence of pursuit of this complaint and/or any evidence proffered by or on behalf of the Complainant, accordingly I find that he was not unfairly dismissed.

Dated:   10th June 2022

Workplace Relations Commission Adjudication Officer:  Aideen Collard