ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00043165
Parties:
| Complainant | Respondent |
Parties | Livio Pesce | Tobermore Concrete Products |
Representatives | Did not attend | Millar, McCall, Wylie Legal Ltd. |
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-00053694-001 | 14/11/2022 |
Date of Adjudication Hearing: 13/06/2023
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015following 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.
Summary of Complainant’s Case:
The complainant did not attend the hearing. |
Summary of Respondent’s Case:
The respondent attended the hearing together with its legal representatives and its witnesses. |
Findings and Conclusions:
As part of my investigation, I am obliged to hold a hearing. I am satisfied that the complainant was notified of the arrangements for the hearing. I find that the complainant failed to attend the hearing. In the circumstances, I conclude the investigation and find against the complainant. |
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.
Based on the circumstances outlined above and in the absence of any evidence to the contrary having been adduced before me, I conclude that the within complaint is not well founded. I find that the complainant was not unfairly dismissed. |
Dated: 21-06-2023
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Key Words:
Unfair dismissal, non-attendance |