ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00043251
Parties:
| Complainant | Respondent |
Parties | Christopher Quinn | Frank Dorrian Limited trading as Dorrians Imperial Hotel |
Representatives | No Attendance | Self-Represented |
Complaint:
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-00053616-001 | 08/11/2022 |
Date of Adjudication Hearing: 02/05/2023
Workplace Relations Commission Adjudication Officer: Brian Dolan
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.
Background:
The Complainant was employed as a chef by the Respondent. On 8th November 2022, the Complainant referred the present complaint to the Commission. A hearing in relation to the same was convened for 2nd May 2023. There was no appearance by the Complainant at the hearing as scheduled. After allowing a period of time to allow for his potential late attendance, the matter proceeded in his absence. |
Summary of Complainant’s Case:
The Complainant did not attend that hearing as scheduled. Having reviewed the file, it is apparent that the Complainant was notified of the time, date and venue of the hearing. In circumstances whereby the Complainant did not apply for an adjournment of the hearing in advance of the same, the matter proceeded in his absence. |
Summary of Respondent’s Case:
The Respondent attended and submitted that they were prepared to defend the Complainant’s allegations. |
Findings and Conclusions:
In circumstances whereby the Complainant did not attend the hearing to prosecute his complaint, I find that the same is not well-founded. |
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. |
Dated: 12th June 2023
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance |