ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00026500

Parties:

	Complainant	Respondent
Parties	Melissa Lynch	G S Associates

Representatives

N/A

Peter Murphy McInnes Dunne Murphy Solicitors

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-00033820-001	08/01/2020

Date of Adjudication Hearing: 12/04/2022, 08/06/2022 and 01/02/2023

Workplace Relations Commission Adjudication Officer: Breiffni O'Neill

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.

Specifically, I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.

The hearing was adjourned on both 12 April 2022 and 8 June 2022 and no direct evidence was taken on either day. Despite having been notified of the time and date of the hearing of 1 February 2023, the Complainant did not attend to give evidence. A witness from the Respondent was in attendance along with their legal representative.

Background:

The Complainant commenced her employment as a Cleaner with the Respondent on 1 January 2018. She stated that she was effectively dismissed from her employment when the Respondent lost the cleaning contract on the Indaver site on 31 December 2019.

Summary of Complainant’s Case:

The Complainant did not attend on the day of the hearing to give evidence.

Summary of Respondent’s Case:

The Respondent did not give any evidence as the Complainant was not in attendance on 1 February 2023 to present direct evidence.

Findings and Conclusions:

As the Complainant did not attend the hearing on 1 February 2023 to present direct evidence, I find that she was not unfairly dismissed.

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 find that the Complainant was not unfairly dismissed for the reasons set out above.

Dated: 5th April “023.