ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037413
Parties:
| Complainant | Respondent |
Parties | Claire O'Reilly | Good Day Catering Limited t/a Spar |
Representatives | Keans Solicitors | Peninsula Business Services Ireland |
Complaint:
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-00048792-001 | 24/02/2022 |
Date of Adjudication Hearing: 08/12/2022
Workplace Relations Commission Adjudication Officer: Kara Turner
Procedure:
In accordance with section8 of the Unfair Dismissals Acts 1977 – 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:
The complainant referred a claim for redress for unfair dismissal to the Workplace Relations Commission on 24 February 2022. A detailed statement was included in the complaint form. A hearing was scheduled for 8 December 2022. Written submissions on behalf of the respondent were furnished to the Commission and the complainant’s representative on 6 December 2022. These submissions disputed the complainant’s claim and outlined a resignation from employment on 22 October 2021. The hearing was attended by the representatives for the complainant and respondent and personnel from the respondent company. The complainant did not attend the hearing. The complainant’s representative informed the hearing that the complainant had contacted its offices on 7 December 2022 and advised that she would not be attending the hearing the next day. It was the representative’s understanding that the complainant was out of the country, but he did not have any further instructions and was not in a position to provide a reason for the complainant’s non-attendance. |
Summary of Complainant’s Case:
The complainant did not attend the hearing on 8 December 2022. |
Summary of Respondent’s Case:
Personnel from the respondent company and the respondent’s representative attended the hearing and were prepared to defend the claim against the respondent. An application to dismiss the claim was made by the respondent’s representative based on the non-attendance of the complainant. |
Findings and Conclusions:
The within complaint was referred to me for investigation. A hearing for that purpose was arranged for 8 December 2022. The fact of dismissal and the complainant’s claim for redress for unfair dismissal were disputed by the respondent. I am satisfied that it was necessary for the complainant to attend the hearing in pursuit of her claim. The complainant’s representative acknowledged at the hearing that he did not have instructions from the complainant at that point in relation to progressing the claim. Notice of the hearing arrangements issued from the Workplace Relations Commission to the parties on 28 October 2022. I note that there was no application by or on behalf of the complainant for a postponement or adjournment of the hearing arranged for 8 December 2022. Furthermore, I was not informed at the hearing of a reason for the complainant’s non-attendance and did not receive any communication after the hearing offering explanation for non-attendance. In the circumstances and in the absence of any evidence to the contrary, I find that the complainant was not unfairly dismissed, and I dismiss this claim. |
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.
In the circumstances outlined above and in the absence of any evidence to the contrary, I find that the complainant was not unfairly dismissed, and the claim is dismissed. |
Dated: 13th January 2023
Workplace Relations Commission Adjudication Officer: Kara Turner
Key Words:
No show by complainant |