ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030996
Parties:
| Complainant | Respondent |
Anonymised Parties | Social Worker | a public health organistation |
Representatives | Self-Represented | Mr. Diarmuid Cunningham, Comyn Kelleher Tobin |
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-00041548-001 | 15/12/2020 |
Date of Adjudication Hearing: 22/10/2021
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:
On 15th December 2020, the Complainant referred the present complaint to the Commission. A hearing in relation to the same was convened for 22nd October 2021. On the date prior to the hearing, the Complainant corresponded with the Respondent indicating that she no longer wished to pursue the complaint and that the matter was at an end. As the administrative department of the Commission not the direct recipient of this correspondence, the Complainant was asked to confirm the withdrawal of the matter directly and without caveat. As no such correspondence was received in advance of the hearing, the same proceeded. Given the nature of the Respondent’s activities, I have elected to use my discretion to anonymise the names of the parties in the published decision. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing. In circumstances whereby the Complainant was clearly aware to the time, date and venue of the same, the matter proceeded in her absence. |
Summary of Respondent’s Case:
In circumstances whereby the Complainant did not attend to give evidence in support of her complaint, the Respondent submitted that the complaint should fail. |
Findings and Conclusions:
In circumstances whereby the Complainant did not attend the hearing to give evidence in support of her application, I find that the complaint 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: 18-05-22
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance, withdrawal |