ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: ADJ - 00042545

Parties:

	Worker	Employer
Anonymised Parties	A worker	An Employer

Representatives

Kevin Callan, HR Duo

Dispute(s):

Act	Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts	CA-000533088-001	03/10/2022

Workplace Relations Commission Adjudication Officer: Conor Stokes

Date of Hearing: 05/04/2023 & 29/05/2023

Procedure:

In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute.

Background:

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The parties attended the first hearing, but the worker did not attend the second hearing.

Summary of Employer’s Case:

The employer noted in advance of the first hearing that it had objected to the hearing of this matter within the timeframe provided for in the legislation. Evidence to this effect was submitted to the WRC in the days leading up to the hearing.

Summary of Workers Case:

The worker noted that he had received notification from the WRC at that time.

Conclusions:

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

The employer noted that it objected to the hearing of this complaint within the timeframe specified and submitted a copy of an acknowledgement letter that it had received. The worker confirmed that he received correspondence from the WRC at the time

In circumstances where the employer did not consent to the matter proceeding by way of hearing within the appropriate timeframe, an adjudicator is precluded from considering this matter. Following the first hearing it became apparent that the notification of objection was not received by the WRC within the appropriate timeframe and a second hearing date was arranged and notified to the parties.

The notification was for the second hearing was sent out in the same fashion as the first notifications. Despite repeated attempts to contact the worker by phone on the morning of the hearing, he did not attend. In circumstances where the worker does not attend the hearing, I conclude that I have no recommendations to make in relation to this matter.

Recommendation:

Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.

In circumstances where the worker does not attend the hearing, I conclude that I have no recommendations to make in relation to this matter.

Dated: 6th June 2023

Workplace Relations Commission Adjudication Officer: Conor Stokes

Key Words:

IR case – objection not received – nonattendance by worker – no recommendations to make.