ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026321
Parties:
| Complainant | Respondent |
Parties | Melissa Lynch | Allan Smith Cleaning Services Allan Smith |
Representatives |
| Thomas Ryan Peninsula |
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-00033533-001 | 08/01/2020 |
Date of Adjudication Hearing: 12/04/2022, 08/06/2022 and01/02/2023
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.
The hearing was adjourned on both 12 April 2022 and 8 June 2022 and no evidence had been taken on either day. Despite having been notified of the time and date of the hearing of 1 February 2023, the Complainant did not attend to give evidence. A witness from the Respondent was in attendance along with their representative.
Background:
The Complainant stated that she was effectively dismissed from her employment when the Respondent refused to allow her transfer to their employment on 2 January 2019 when they started work on the cleaning contract on the Indaver site despite her having worked there since 1 January 2018. |
Summary of Complainant’s Case:
The Complainant did not attend on the day of the hearing on 1 February 2023 to give evidence. |
Summary of Respondent’s Case:
The Respondent did not give any evidence as the Complainant was not in attendance on 1 February 2023 to present direct evidence. |
Findings and Conclusions:
As the Complainant did not attend the hearing on 1 February 2023 to present direct evidence, I find that she was not unfairly dismissed. |
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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: 30th March 2023
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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