ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00033137
Parties:
| Complainant | Respondent |
Parties | Natalia Wroblewska | Firstcare Ireland (Earlsbrook) Limited |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Barry Kenny , Kenny Sullivan Solicitors | Niamh Cassidy, Hayes Solicitors |
Complaint(s):
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-00043712-001 | 22/04/2021 |
Date of Adjudication Hearing: 10/05/2022
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Procedure:
In accordance with 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. The hearing was heard remotely, 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.
Summary of Complainant’s Case:
The complainant did not attend the hearing. The complainant’s legal representative attended the hearing but stated that he was unable to contact the complainant and get instructions from her. |
Summary of Respondent’s Case:
The respondent attended the hearing together with its legal representative and witnesses and were available to provide its evidence in relation to the complaints. |
Findings and Conclusions:
As part of my investigation, I am obliged to hold a hearing. I am satisfied that the complainant’s solicitor was notified of the arrangements for the hearing. At the hearing, I requested the complainant’s legal representative to provide evidence in relation to the complainant’s non-attendance at the hearing at the earliest opportunity but no later 1 week after the hearing date. Subsequent to this, I received documentation from the complainant’s legal representative. Having carefully examined same, I find that the complainant has not provided a reasonable or adequate explanation for her non-attendance at the hearing on 10 May 2022. I consider that the complainant’s failure to attend the hearing was unreasonable in the circumstances. I conclude the investigation and find against the complainant. |
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.
Based on the circumstances outlined above and in the absence of any evidence to the contrary having been adduced before me, I conclude that this complaint is not well-founded and that the complainant was not unfairly dismissed. |
Dated: 1st June 2022
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Key Words:
Non attendance at hearing, unfair dismissal |