ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026443
Parties:
| Complainant | Respondent |
Parties | Denise Bissett | 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-00033716-001 | 10/01/2020 |
Date of Adjudication Hearing: 14/12/2022
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 I am satisfied that she was on notice of the time and date of the hearing, the Complainant did not attend to give evidence on the day. The Respondent was in attendance along with their representative.
Background:
In her complaint form, the Complainant stated that she was unfairly dismissed by the Respondent as a result of their failure to employ her following the transfer to them of the cleaning contract she had been working on. |
Summary of Complainant’s Case:
The Complainant did not attend to give evidence. |
Summary of Respondent’s Case:
As the Complainant did not attend to give evidence, the Respondent did not present any evidence. |
Findings and Conclusions:
Given that the Complainant did not attend the hearing to give evidence, I find that she was not unfairly dismissed. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
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.
ADJ-00026443: 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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