ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00042616
Parties:
| Complainant | Respondent |
Parties | Sean Gallagher | Collins McNicholas Limited |
Representatives | No Attendance | Robin Hyde Alastair Purdy and Co |
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-00053115-001 | 05/10/2022 |
Date of Adjudication Hearing: 04/05/2023
Workplace Relations Commission Adjudication Officer: Janet Hughes
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 gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
The Complainant did not attend the hearing and was not represented. Representatives of the Respondent attended at the scheduled time. Following a period of twenty minutes allowed for late attendance by the Complainant I closed the hearing. The Respondent representative was aware that a separate complaint was before an Adjudication Officer in April where the Complainant was pursuing a complaint against the entity where he was placed by the Respondent in this case, a recruitment agency. I advised the Respondent that had the Complainant attended, the question of the appropriate Respondent for the purposes of the Unfair Dismissals Act was an issue which I would have explored with the parties based on the terms of the Unfair Dismissals Act 1977 as amended by the Unfair Dismissals Act 1993 in respect of Employment Agencies. However, as the Complainant was not in attendance, an examination of the question was not required.
Background:
The Complainant was employed by the Recruitment Agency and placed with another entity a named third party. This was a complaint of constructive dismissal against the Agency.
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Summary of Complainant’s Case:
The Complainant did not attend to provide evidence and aside from scant details on a complaint form provided no further details of the complaint. |
Summary of Respondent’s Case:
The Respondent denied the allegation of unfair dismissal, providing a submission in support of that position in advance of the hearing and witnesses to provide evidence to the hearing. |
Findings and Conclusions:
In the absence of the Complainant there was no opportunity available to me to inquire into the complaint. The complaint is therefore dismissed. |
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.
CA-00053115-001 The complaint of alleged unfair dismissal made by Sean Gallagher against the Respondent Colin McNicholas Recruitment Ltd is dismissed without any award of redress. |
Dated: 15/05/2023
Workplace Relations Commission Adjudication Officer: Janet Hughes
Key Words:
Constructive Dismissal: agency worker-no attendance |