ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037797
Parties:
| Complainant | Respondent |
Parties | Graham Smith | Kane Nolan Electrical Services |
Representatives | N/A | Mr Kane Nolan, Director |
Complaint(s):
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-00049179-001 | 14/03/2022 |
Date of Adjudication Hearing: 29/09/2022
Workplace Relations Commission Adjudication Officer: Paul McKeon
Procedure:
In accordance with Section 8 of the Unfair Dismissals Act 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.
Parties were advised that following the delivery of a judgement of the Supreme Court in Zalewski v Adjudication Officer and WRC, Ireland and the Attorney General [2021] IESC 24 that the hearing would be held in public and that this decision would not be anonymised and there was no objection to same.
Background:
A complaint was received by the Director General of the Workplace Relations Commission from the Complainant alleging a breach under Section 8 of the Unfair Dismissals Act, 1977. A hearing for that purpose was scheduled for the 29 September 2022.
The Respondent on the date of the hearing confirmed that the correct legal entity was Kane Nolan Electrical Services. The Respondent also consented for this change to be reflected on the form and in relation to any future correspondence relating to the complaint. While the parties are named in this decision, for the remainder of the document, I will refer to Mr Smith as “the Complainant” and Kane Nolan Electrical Services as “the Respondent.” |
Summary of Complainant’s Case:
The Complainant failed to attend the hearing of the case arranged for the 29 September 2022. |
Summary of Respondent’s Case:
The Respondent’s Director Mr Kane Nolan attended at the hearing on behalf of the Respondent. The Respondent on the day of the hearing confirmed that the correct legal entity was Kane Nolan Electrical Services. The Respondent also consented for this change to be reflected on the form and in relation to any future correspondence relating to the complaint. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission by the Complainant alleging a breach under Section 8 of the Unfair Dismissals Act, 1977. A hearing for that purpose was scheduled for the 29 September 2022. There was no appearance by or on behalf of the Complainant at the hearing. I am satisfied that this notice was issued by way of letter dated 02 August 2022 to the address and email address provided by the Complainant in respect of this claim, informing him of the date, time and place of the hearing of the claim. No communications have been received from the Complainant in the interim indicating any difficulty attending at the hearing, seeking a postponement or withdrawing this claim. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the claim is not well-founded. |
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.
For the reasons set out above complaint CA-00049179-001 is not well founded. |
Dated: 28th October 2022
Workplace Relations Commission Adjudication Officer: Paul McKeon
Key Words:
‘No show’ by Complainant. |