ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00038108
Parties:
| Complainant | Respondent |
Parties | David Smith | Hartley People |
Representatives | No show | Valerie Morrison Peninsula Business Services Ireland |
Complaint(s):
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-00049526-001 | 05/04/2022 |
Date of Adjudication Hearing: 01/12/2022
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 8 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 alleges that when on compassionate leave he was let go. |
Summary of Complainant’s Case:
The Complainant alleges that he was unfairly dismissed. He was notified of the date, time, and venue of the hearing. The Complainant consented to communication by electronic mail. The Complainant failed to attend at the scheduled remote hearing. |
Summary of Respondent’s Case:
The Respondent attended at the hearing and was ready to present their case and rebut the complaint that the Complainant was unfairly dismissed. |
Findings and Conclusions:
I am satisfied after making reasonable enquiries and on the balance of probabilities that the Complainant was informed by electronic email of the hearing The Respondent was in attendance and ready to present their case and to rebut the allegation brought by the Complainant. The Complainant was properly notified of the hearing and failed to attend. In these circumstances I dismiss the complaint and determine that the Complainant was not unfairly dismissed. |
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.
The Complainant was properly notified of the hearing and failed to attend. In these circumstances I dismiss the complaint and determine that the Complainant was not unfairly dismissed. |
Dated: 04-01-23
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No Show |