ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00038977
Parties:
| Complainant | Respondent |
Parties | Mark Murphy | National Ambulance Service of the HSE |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives |
| Ciara Ruane Byrne Wallace LLP |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00050484-001 | 04/05/2022 |
Date of Adjudication Hearing: 18/04/2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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.
Background:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. Although the respondent was present for the hearing, the complainant did not attend the hearing of this matter. |
Summary of Complainant’s Case:
The complaint did not attend the hearing of this matter. |
Summary of Respondent’s Case:
The respondent attended the hearing of this matter. |
Findings and Conclusions:
As the complainant did not attend the hearing, no evidence was presented to me in support of this claim. The complainant sought a postponement in advance of the hearing. The postponement was not granted, and the complainant was provided with detailed information as to why it was not granted. It was open to him to reapply for a postponement including the documentation supporting his request, but he indicated that he would attend the hearing. The hearing began with a 15-minute delay to enable to the complainant to log in to the hearing, however he failed to do so. In the absence of any contact from the complainant the hearing concluded. Consequently, I am satisfied that the complainant was on notice. He has offered no explanation for his absence. As no evidence was presented to me, I find that the complaint is not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Having regard to the all the circumstances, my decision is that the complaint is not well founded. |
Dated: 25th April 2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Terms of Employment - non-attendance – complaint not well-founded |