ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00028895
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | An Employer |
Representatives | Siptu |
|
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00035179-001 | 11/03/2020 |
Workplace Relations Commission Adjudication Officer: David James Murphy
Date of Hearing: 15/02/2023
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).
Background:
The Worker’s Union SIPTU referred a trade dispute to the Workplace Relations Commission. A hearing was held on the 15th of February 2023. Neither party attended. I was unable to get in touch with the Worker’s representative. I was able to get in touch with the Respondent who indicated the matter had been resolved and that they would refer to the Union who would be in touch to confirm that this matter was withdrawn. No follow up communication was received. I am satisfied that correspondence went to both parties notifying them of the hearing date and they did not attend. |
Summary of Workers Case:
The Worker did not attend the hearing. |
Summary of Employer’s Case:
The Respondent did not attend the hearing. |
Conclusions:
I note the Labour Court recommendation in HSE V a Worker , LCR 22637. In this case a Worker failed to attend a hearing held under Section 20(1) of the IR Act. The Court considered the implications of the nonappearance by the Worker at hearing and concluded:
In circumstances, where the Worker and her representative failed to attend the hearing, the complaint fails due to her failure to pursue her claim. The Court recommends that the issue be regarded as closed.
As the Worker did not attend the hearing as scheduled I cannot bring my investigation any further. The claim has fallen as the Worker did not attend the hearing to pursue his claim.
I conclude that the matter is closed. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
As the Worker did not attend the hearing as scheduled I recommend that the matter is closed and no further action is taken.
Dated: 21-07-2023
Workplace Relations Commission Adjudication Officer: David James Murphy
Key Words:
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