ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00034650
Parties:
| Complainant | Respondent |
Parties | Ashling Rowley | Dunnes Stores |
Representatives | No Show | Elaine Kelly Byrne Wallace Law Firm |
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-00045641-001 | 11/08/2021 |
Date of Adjudication Hearing: 12/09/2022
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with 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 brought a case alleging constructive dismissal. A hearing was arranged to hear both parties for the 12th of September 2022.
The Complainant failed to attend at the hearing.
The Adjudicator requested an explanation from the Complainant and the following email was received on the 15th of September 2022: I received a telephone call yesterday to say the hearing was due to take place on the day before in landsdown. I checked back on Email and had 2 to say postponement was granted, I have no email to say rescheduled date, as i haven't deleted emails in months i do not know what happened. I have checked through spam also.
The email address provided by the Complainant has been used by her and by the Commission throughout the case management of this complaint.
On the 13th of May 2022 the Complainant was granted a postponement.
On the 7th of July 2022 the Complainant was granted another postponement.
On the 13th of July 2022 the Complainant was notified of the rescheduled hearing:
From: Sent: 13 July 2022 09:13 To: Subject: ADJ-34650 Attachments: ADJ-34650 comp hearing letter 13-07 LM.pdf; Postponement-Guidelines 1st July 2021.pdf; Face-to- Face Hearings Guidance Note 16 July-Final.pdf Dear Ms. Rowley, Please see attached Hearing letter for the above referenced case, and a copy of the Postponement Guidelines and Face-to-Face Hearings Guidance Note. The Complainant has consented to notification by electronic email. |
Summary of Complainant’s Case:
I am satisfied that the Complainant was properly notified of the hearing and failed to attend to present her case. |
Summary of Respondent’s Case:
The Respondent was in attendance and ready to present their case and to rebut the allegations made against them. |
Findings and Conclusions:
I am satisfied after making reasonable enquiries and on the balance of probabilities that the Complainant was informed by electronic email of the hearing. Her email address has not changed and all emails up to this point have been acted upon. Allowing for the fact that the matter has been put back on two previous occasions and the Respondent was in attendance, I determine that it would be unfair and unjust to adjourn for a 3rd time. The Respondent was in attendance and ready to present their case and to rebut the allegation brought by the Complainant that she had no alterative but to resign arising either from the unreasonable conduct of her employer or a fundamental breach of contract where it is alleged that the employer broke the term of trust and confidence at the heart of the contract. The Complainant was properly notified of the hearing and failed to attend. In these circumstances I dismiss the complaint and determine that the Complainant was not unfairly dismissed. |
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 Respondent was in attendance and ready to present their case and to rebut the allegation brought by the Complainant that she had no alternative but to resign arising either from the unreasonable conduct of her employer; or a fundamental breach of contract where it is alleged that the employer broke the term of trust and confidence at the heart of the contract. The Complainant was properly notified of the hearing and failed to attend. In these circumstances I dismiss the complaint and determine that the Complainant was not unfairly dismissed. |
Dated: 14-11-2022
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No show |