ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00035472
Parties:
| Complainant | Respondent |
Parties | Viktar Avechka | Fire Containment Limited |
Representatives | Reidy Stafford Solicitors | Thomas Ryan Peninsula |
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-00046625-001 | 11/10/2021 |
Date of Adjudication Hearing: 10/10/2022
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 – 2015following 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 alleges in his complaint form that he was constructively dismissed from his employment on 8th September 2021. |
Summary of Complainant’s Case:
The Complainant’s solicitor attended at the remote hearing today. She informed me that she has been unable to make contact with her client for several months now. As she was still formally on record for the Complainant she attended today as a matter of courtesy to the Workplace Relations Commission. The Complainant himself made contact with the case officer on Friday 7th October stating that he did not wish to proceed with the matter. He was asked to formally withdraw the claim. He did not do so. |
Summary of Respondent’s Case:
The Respondent applied to have the matter dismissed for want of prosecution. |
Findings and Conclusions:
I am satisfied that the Complainant was aware of the date time and venue for the hearing today as he spoke to the case officer on Friday about withdrawing the claim. On the basis that he did not attend today to prosecute the claim, I find that the complaint is not well founded and accordingly fails. |
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 complaint fails.
Dated: October 10th 2022
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
No Appearance. |