ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001519
Parties:
| Worker | Employer |
Anonymised Parties | A CAD Drafter | An IT Company |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00001519 | 07/07/2023 |
Workplace Relations Commission Adjudication Officer: Pat Brady
Date of Hearing: 26/10/2023
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute.
Summary of Workers Case:
The complainant failed to attend on the day of the hearing.
She arrived at the WRC on the day following the hearing saying that she had made a mistake about the date. |
Summary of Employer’s Case:
The respondent’s legal representative attended in person to advise the WRC in advance of the hearing that its client would not attend the hearing. |
Conclusions:
The respondent did not participate in the hearing. However, as noted above, its legal representative did attend at the WRC prior to the hearing to advise that it would not be doing so and advised that the complainant was no longer an employee as her employment had terminated by reason of redundancy.
The complainant did not offer any explanation as to why she did not attend on the day of the hearing other than saying she made a simple error regarding the date.
In considering whether I should re-schedule the hearing, I take into account the fact that the complainant is no longer employed by the respondent and the inadequate explanation for her failure to attend the hearing on the scheduled date.
I also note the clear intention of the respondent not to participate in any future proceedings and conclude that there are insufficient grounds to re-schedule the hearing. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
The complaint is not upheld.
Dated: 24th November 2023
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
‘No Show’ by complainant. |