ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030265
Parties:
| Complainant | Respondent |
Parties | Bose Salami | Holland And Barrett |
Representatives |
| Karen Hennessy Mason Hayes & Curran |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00040143-001 | 29/09/2020 |
Date of Adjudication Hearing: 13/04/2023
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
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.
Specifically, I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
Although the Respondent was present on the day of the hearing along with their representative, the Complainant did not attend. I subsequently checked the file and am satisfied that he was sent email correspondence on 16 March 2023 which contained the time and date of the hearing. I also noted that prior to the hearing the concierge, who convened the remote hearing, made numerous unsuccessful efforts to contact him via telephone.
Background:
In his complaint form, the Complainant stated that he started working as a Team Leader with the Respondent on 5 September 2016 and was paid €2,309 per month. He alleged that he was unfairly dismissed on 9 April 2020 following a complaint made against him by a co-worker. |
Summary of Complainant’s Case:
The Complainant did not attend on the day of the hearing to give evidence. |
Summary of Respondent’s Case:
As the Complainant did not attend, the Respondent did not give any evidence. |
Findings and Conclusions:
Given the failure of the Complainant to attend on the day of the hearing to give evidence, I must find that he 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.
I find that the Complainant was not unfairly dismissed for the reasons set out above. |
Dated: 16th June 2023
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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