ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00025206
Parties:
| Complainant | Respondent |
Parties | Miroslaw Kowalski (No Appearance) | Walsh Colour Print |
Complaint:
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-00031869-001 | 29/10/2019 |
Date of Adjudication Hearing: 19/01/2022
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
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.
Summary of Complainant’s Case:
There was no appearance for or on behalf of the Complainant. The Respondent made the WRC aware that the Complainant had passed away after the filing of the complaint with the WRC. |
Summary of Respondent’s Case:
The Respondent applied to have the matter struck out on the basis that there was no appearance on behalf of the Complainant. |
Findings and Conclusions:
The Respondent informed the WRC that the Complainant had passed away prior to the hearing of this matter. Whilst Section 1 of the Act gives jurisdiction to hear claims presented by the Personal Representative of the deceased, there was no appearance on behalf of the Complainant. On that basis, I find that the complaint is not well founded and accordingly fails. |
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.
The complaint fails. |
Dated: 03-05-22
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Key Words:
Deceased. Personal Representative. No Appearance. Unfair Dismissal. |