ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00031883
Parties:
| Complainant | Respondent |
Parties | Kevin Browne | Uninest Dublin Limited |
Representatives | Self-Represented | Self-Represented |
Complaints:
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-00042718-001 | 25/02/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00042718-002 | 25/02/2021 |
Dates of Adjudication Hearing: 29/08/2022
Workplace Relations Commission Adjudication Officer: Brian Dolan
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and Section 79 of the Employment Equality Acts, 1998 - 2015,following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant commenced employment with the Respondent on 3rd September 2018. On 25th February 2021, the Complainant’s employment was terminated by the Respondent. The Complainant subsequently referred the present complaints on the date of termination.
Hearings in relation to this matter were convened for 25th April & 29th August 2022. These hearings were conducted by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. No technical issues were experienced by either side during the hearing.
At the outset of the initial hearing, the Respondent submitted that the complaints, as constituted, could not proceed. In particular, they submitted that the complaint under the Employment Equality Act was in fact a complaint of discriminatory dismissal. On foot of the same, the Respondent submitted that the Complainant could not maintain the same in parallel with a complaint under the Unfair Dismissals Acts. In circumstances whereby the Complainant submitted that he required time to respond to this submission, an adjournment was granted in order to facilitate the exchange of submissions in relation to this issue and the potential withdrawal of one of the complaints. In circumstances whereby no such submission was received from the Complainant, the matter was again listed for hearing. The Complainant did not attend this resumed hearing. In circumstances whereby the Complainant was on notice of the time, date and venue of the hearing, the matter proceeded in his absence. |
Summary of Complainant’s Case:
The Complainant did not attend the resumed hearing to give evidence in support of his complaint. In circumstances whereby the Complainant was aware of the time date and venue of the hearing the matter proceeded in his absence. In this regard, I note no application was made for an adjournment in advance of the hearing. Further to the same, no explanation was provided following the hearing regarding the Complainant’s non-attendance. |
Summary of Respondent’s Case:
The Respondent submitted that they were present to defend that Complainant’s allegations as set out in the complaint form. However, in circumstances whereby the Complainant did not attend to give evidence in support of his complaints, they submitted that the same must fail. |
Findings and Conclusions:
In circumstances whereby the Complainant did not attend the hearing to give sworn evidence in support of his complaints, I find that the same are 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.
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
CA-00042718-001 Complaint under the Unfair Dismissals Acts I find that the Complainant was not unfairly dismissed and consequently his complaint is not well-founded. CA-00042718-002 Complaint under the Employment Equality Acts I find that the Complainant was not discriminated against or victimised. Consequently, I find that his complaint is not well-founded. |
Dated: 07/02/2023
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance |