ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00036797
Parties:
| Complainant | Respondent |
Parties | Ivon Edith Garcia Lazarte | Des Higginbotham Interiors |
| Complainant | Respondent |
Parties | Ivon Edith Garcia Lazarate | Des Higginbotham Interiors |
Representatives | No Show | Eamonn Gibney HR Dept |
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00048147-001 | 13/01/2022 |
Date of Adjudication Hearing: 03/03/2023
Workplace Relations Commission Adjudication Officer: Brian Dalton
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 that her employment was unfairly terminated on or about the 14th of July 2021. Her employment informally began in 2013 and the contract was subsequently made permanent. The Complainant requested a remote hearing and consented to electronic communication. Her request for a Hybrid hearing was facilitated and communicated to her at the email address provided and that used very recently by her. The Respondent attended at the hearing and had previously attended at a face-to-face hearing which the Complainant stated she was unable to attend because she was out of country. The Complainant failed to attend at the second rescheduled hearing to facilitate her request. |
Summary of Complainant’s Case:
The Complainant failed to attend at the 2nd rescheduled Hybrid hearing. |
Summary of Respondent’s Case:
The Respondent did attend was ready to rebut the allegations made against the business. |
Findings and Conclusions:
I am satisfied that the Complainant was notified of the date, time and means of hearing by a remote link based on her request for such a hearing. The Complainant consented to communication by email and was contacted using the email address provided by her. As the Complainant has failed to attend at the hearing to make out her case and the Respondent was present and ready to rebut the allegations made against them, I must find that the Complainant has not made out her claim and that the complaint is not well founded and 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.
As the Complainant has failed to attend at the hearing to make out her case and the Respondent was present and ready to rebut the allegations made against them, I must find that the Complainant has not made out her claim and that the complaint is not well founded and that she was not unfairly dismissed. |
Dated: 04-04-2023
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
Unfair Dismissal |