ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00041680
Parties:
| Worker | Respondent |
Anonymised Parties | A Worker | An Employer |
Representatives |
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Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00043911-010 | 26/03/2021 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer: Orla Jones
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute.
Background:
The worker submitted a dispute to the Workplace Relations Commission (WRC) on 26/03/21 alleging a breach of the above statute.
Although I am satisfied that the worker was on notice of the time and date of the hearing, he did not attend to give evidence in relation to his dispute. On the day of the hearing a grace period was allowed to enable the worker to attend or make contact with the WRC.
There is an onus on any party to a dispute to attend for a hearing of which they have been given proper notice. No communications have been received from the Worker in the interim indicating any difficulty attending at the hearing, seeking a postponement, or withdrawing this claim. |
Summary of Worker’s Case:
The Worker did not attend the hearing. |
Summary of Employer’s Case:
The employer did not attend the hearing. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission from the worker alleging breach of the above statute and was referred to me for investigation. There was no appearance by or on behalf of the worker at the hearing. I am satisfied that the worker was in receipt of the hearing notification which set out the date, time, and place at which the hearing to investigate the complaint would be held. No communications have been received from the worker in the interim indicating any difficulty attending at the hearing, seeking a postponement, or withdrawing this claim. The worker has offered no explanation for his absence. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I cannot recommend in favour of this worker. |
Decision:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I do not recommend in favour of the worker. |
Dated: 2nd November 2022
Workplace Relations Commission Adjudication Officer: Orla Jones
Key Words:
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