ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00033219
Parties:
| Complainant | Respondent |
Anonymised Parties | An employee | An employer |
Representatives | Self-represented | 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-00043618-001 | 16/04/2021 |
Dates of Adjudication Hearing: 15/09/2021 and 03/11/2021
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 16th April 2021, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Unfair Dismissals Act. The complaint was scheduled for adjudication on the 15th September 2021. I adjourned this at the complainant’s request as he asked for time to respond to the respondent’s submission. The case was rescheduled for hearing on the 3rd November 2021.
At the time the hearing was scheduled to commence on the 3rd November 2021, there was no appearance by or on behalf of the complainant. I noted that the complainant had emailed that day to say that he could not attend because of a stated health reason. The complainant did not ask for the hearing to be adjourned and did not supply medical documentation to support any such application. The respondent witnesses were in attendance as was their representative, Graham Bailey of IBEC.
The health reason stated constitute special circumstances and I have anonymised this decision.
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.
Summary of Complainant’s Case:
The complainant resigned and then sought to retract his resignation. He asserted that this was an unfair dismissal but did not attend the adjudication hearing to advance his claim. |
Summary of Respondent’s Case:
The respondent denied the complainant’s claim of unfair dismissal. |
Findings and Conclusions:
As the complainant did not attend the adjudication to advance his claim of unfair dismissal, I dismiss the claim of unfair dismissal. |
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 or the dismissal of the claim of unfair dismissal.
CA-00043618-001 I dismiss the claim of unfair dismissal. |
Dated: 1st June 2022
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Unfair Dismissals Act / no appearance |