ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00042304

Parties:

	Worker	Employer
Anonymised Parties	Facilities Assistant	Accommodation Provider

Representatives

Self-Represented

Dispute:

Act	Dispute Reference No.	Date of Receipt
Dispute Seeking Adjudication under the Industrial Relations Acts		10/02/2021

Date of Adjudication Hearing: 29th August 2022

Workplace Relations Commission Adjudication Officer: Brian Dolan

Procedure:

In accordance with Section 13 of the Industrial Relations Acts 1969,following 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:

The Worker commenced employment with the Employer on 3rd September 2018. On 25th February 2021, the Worker’s employment was terminated by the Employer. The Worker 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 Employer submitted that associated complaints, as constituted, could not proceed. In circumstances whereby the Worker 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 Worker, the matter was again listed for hearing. The Worker did not attend this resumed hearing. In circumstances whereby the Worker was on notice of the time, date and venue of the hearing, the matter proceeded in his absence.

Summary of the Worker’s Case:

The Worker did not attend the resumed hearing. In circumstances whereby the Worker was on notice of the time, date and venue of the hearing, the matter proceeded in his absence.

Summary of the Employer’s Case:

The Employer submitted that they were willing to defend the allegations raised by the Worker and attended the hearing in order to do so.

Findings and Conclusions:

In circumstances whereby the Worker did not attend the hearing, I do not recommend in his favour.

Recommendation:

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

In circumstances whereby the Worker did not attend the hearing, I do not recommend in his favour.

Dated: 07/02/2023

Workplace Relations Commission Adjudication Officer: Brian Dolan

Key Words:

Non-attendance.