ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00042175
Parties:
| Worker | Employer |
Anonymised Parties | Store Worker | Convenience Store |
Representatives |
| Laura Reidy The HR Suite |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00049033-002 | 02/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00049033-03 | 02/03/2002 |
Workplace Relations Commission Adjudication Officer: John Harraghy
Date of Hearing: 10/11/2022
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s). A remote hearing took place on 10/11/2022. The employer’s representative and a number of employees attended to assist the hearing.
Background:
Following an incident with a colleague the respondent undertook an extensive investigation. The complainant was reluctant to return to work and resigned after a period of sick leave on 04/06/2022. She submitted her complaints to the WRC on 02/03/2022. |
Summary of Workers Case:
The worker did not attend the hearing or make any contact with the WRC prior to or after the hearing. I am satisfied that the worker was properly notified of the date and time of the hearing and that she was also provided with the relevant log on details in advance of the hearing. The worker did not make any contact with the WRC prior to or after the hearing to indicate that she would not attend or that she had any issue with accessing the hearing. |
Summary of Employer’s Case:
The employer was represented at the hearing and a number of people involved in the matter were present to assist the hearing of this matter. The respondent submitted a preliminary matter stating that the worker had pre-lodged her complaint form to the WRC while still an employee and therefore cannot claim that she was unfairly dismissed. |
Conclusions:
As the worker did not attend the hearing, I am unable to make a recommendation in her favour.
|
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I am unable to make a recommendation in favour of the worker in this dispute.
Dated: 23rd November 2022
Workplace Relations Commission Adjudication Officer: John Harraghy
Key Words:
Unfair dismissal. Did not attend. |