ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044692
Parties:
| Complainant | Respondent |
Parties | Hotel Worker | Hotel |
Representatives | No Show | David Kearney HR Brief Ltd |
Complaint(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act | CA-00054743-001 | 28/01/2023 |
Date of Adjudication Hearing: 28/08/2023 and 29/11/2023
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
This is the second day of scheduling of this dispute. Based on exceptional reasons and a submission from the worker, who had failed to attend at the first scheduled date, the matter was set down for a second date. Prior to the 2nd hearing date for the dispute, the Complainant contacted the Commission seeking a remote hearing of the dispute having regard to the fact that she perceived that Dublin City Centre was unsafe. This request was declined as no risk presented to the Worker by attending at the Commission as notified. The Worker was notified in time that her request for a remote hearing would not be facilitated and replied: Hi Thank you for letting me know that it will proceed in person. As per previous email I am missing the letter - do you mind confirming the time? I have written down 10:30am but I don’t have the copy of the letter to confirm and I am afraid I am getting it confused with the last hearing so I want to be sure Thank you
The Worker failed to attend at the hearing. |
Summary of Complainant’s Case:
The worker failed to attend at the rescheduled hearing. |
Summary of Respondent’s Case:
The Respondent attended on both days and was ready to deny the claims being made against them. |
Findings and Conclusions:
The Worker failed to attend at the second date set of hearing relating to her dispute with her employer. I am satisfied that she was notified of the place, date and time of the reconvened hearing. In these circumstances I cannot find for the Worker and dismiss her claim for Unfair Dismissal. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
The Worker failed to attend at the second date set of hearing relating to her dispute with her employer. I am satisfied that she was notified of the place, date and time of the reconvened hearing. In these circumstances I cannot find for the Worker and dismiss her claim for Unfair Dismissal. |
Dated: 19-12-2023
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No Show |