ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: ADJ 46682

Parties:

	Worker	Employer
Anonymised Parties	Employee	Employer

Dispute:

Act	Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act		7th Nov 2022

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Date of Hearing: 13/06/2023

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:

This hearing was to be conducted in person in the Workplace Relations Commission situate in Lansdowne Road, Dublin. In line with the Supreme Court decision in the constitutional case of Zalewski -v- An Adjudication Officer and the Workplace Relations Commission and Ireland and the Attorney General [2021] IESC 24 (delivered on the 6th of April 2021) the hearing was to be conducted in recognition of the fact that the proceedings constitute the administration of Justice. It was therefore open to members of the public to attend this hearing.

Had evidence been given it would have been in compliance with the Workplace Relations (Miscellaneous Provisions) Act, 2021 which came intoeffecton the 29th of July 2021 and which accommodates situations where there is the potential for a serious and direct conflict in the evidence between the parties to a complaint. In such circumstances, an oath or an affirmation may be required to be administered to any person giving evidence before me. It is noted that the giving of false statements or evidence is an offence.

The Dispute herein was brought to the attention of the WRC on the 7th of November 2022 by way of a workplace relations complaint form. It is noted that a dispute arose concerning the manner in which the employment herein was terminated.

Summary of Workers Case:

The Complainant did not attend. I am satisfied that the Complainant was notified of the date, time and venue for this hearing by a letter sent from the WRC - dated the 8th of May 2023 - and sent to the email address provided by the Complainant on the workplace relations complaint form.

From the Complaint form provided, I have discerned that the Complainant seeks to demonstrate that the manner of the termination of her employment was unsatisfactory and she sought to have the issue addressed under the Industrial Relations Acts.

The Complainant had specifically agreed to communication by electronic means when filling out her complaint form.

The Complainant provided no evidence.

Summary of Employer’s Case:

The Respondent did not attend. I am satisfied that the Respondent was notified of the date, time and venue for this hearing by a letter sent from the WRC - dated the 8th of May 2023. The Respondent Employer is in liquidation and subject to a Liquidator appointment.

The Liquidator provided no evidence on behalf of the Employer.

Recommendation:

I make no recommendation in relation to the dispute herein.

Dated: 21st July 2023