ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00034964
Parties:
| Complainant | Respondent |
Parties | Lisa Troy | Trust Us We Care Clg |
Representatives |
| Helene Coffey Crowley Millar 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-00046138-001 | 13/09/2021 |
Date of Adjudication Hearing: 06/10/2022
Workplace Relations Commission Adjudication Officer: John Harraghy
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. A hearing was scheduled for 06/10/2022. The respondent, its legal representatives and witnesses attended. The complainant or a representative on her behalf did not attend the hearing.
In order to exercise a significant amount of caution I allowed a period of time in excess of the normal 15 minutes to elapse before bringing the hearing to a close. The complainant attended for the hearing approximately an hour later stating that she got the time of the hearing wrong and subsequently enquired about a further hearing date.
Background:
The complainant was employed as an account’s technician with the respondent from 05/11/2013 until she resigned on 05/07/2021. She was paid €391.25 gross per week and worked a 20-hour week. The complainant made a complaint under the respondent’s grievance procedure in May 2021. She was not satisfied with the outcome and/or explanations and submits that she was constructively dismissed from her employment. The respondent submits that all the complainant’s issues were thoroughly and properly investigated, and all its processes are reviewed and audited on an annual basis. No issues were raised. The respondent submits that the complainant acted unreasonably in resigning without notice. |
Summary of Complainant’s Case:
The complainant did not attend the hearing. |
Summary of Respondent’s Case:
The respondent, its legal representatives and witnesses attended the hearing and were prepared to defend the claim. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission from the complainant on 13/09/2021. This complaint was referred to me for investigation. There was no attendance by or on behalf of the complainant at the time of the hearing. I am satisfied that the complainant was sent notice in writing to the e mail address which she used to engage with the WRC on a number of occasions. Having reviewed this notice I am satisfied that the complainant properly notified of the date, time, and location of the hearing. There is no ambiguity or error in relation to the notice of the arrangements for the hearing. This letter also set out in detail the process in relation to a postponement request. It was also confirmed that “It should be noted that a postponement of the Hearing will only be granted in exceptional circumstances and for substantial reasons”. I find that the complainant’s excuse that she mixed up the time of the hearing is not acceptable and does not constitute an exceptional or substantial reason to grant a further hearing on this matter. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I decide accordingly. |
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 am satisfied that the complainant was properly notified of the hearing arrangements. I find that her non-attendance at time of the hearing, without any notification, to pursue this complaint to be unreasonable. In the absence of any evidence proffered by or on behalf of the Complaint seeking adjudication by the Workplace Relations Commission Section 8 of the Unfair Dismissals Act, 1977 I find this complaint is not well-founded. |
Dated: October 13th 2022
Workplace Relations Commission Adjudication Officer: John Harraghy
Key Words:
Non-attendance. |