ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030619
Parties:
| Complainant | Respondent |
Parties | Declan Cosgrove | Doormotion Limited |
Representatives | No Appearance | Mr. Alastair Purdy, Alastair Purdy & Co. Solicitors |
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-00040917-001 | 10/11/2020 |
Date of Adjudication Hearing: 31/01/2022
Workplace Relations Commission Adjudication Officer: Brian Dolan
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.
Background:
The Complainant lodged the present complaint with the Commission on 10th November 2020. A hearing in relation to this matter was convened for 31st January 2022. On this date there was no appearance by the Complainant. On 11th March 2022, the Complainant corresponded with the Commission stating that he did not receive notification of the hearing and requesting that the matter be re-listed. In particular, the Complainant stated that he did not receive the email notifying him of the hearing. Having reviewed the file, I note the Complainant was issued a notification of hearing via email on 15th December 2021, the same date on which the Respondent received notification. I further note that the email address to which this invitation was sent was imputed by the Complainant on his complaint form. The Complainant used this email address to correspond with the Commission on three occasions, on 11th November 2020, on 13th January 2021 and on 11th March 2022. The invitation to hearing was also posted to the address on the complaint form. Having regard to the foregoing, I find that the Complainant was on notice of the date, time and venue of the hearing in advance of the same. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing. In circumstances whereby the Complainant was on notice of the date, time and venue of the same, the matter proceeded in his absence. |
Summary of Respondent’s Case:
In circumstances whereby the Complainant did not attend to give evidence in support of his case, the Respondent submitted that the same should fail. |
Findings and Conclusions:
In circumstances whereby the Complainant did not attend the hearing to give evidence in support of his case, I find that the same is not well-founded. |
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 find that the complaint is not well-founded. |
Dated: 25-05-2022
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance, email notification |