ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00040030
Parties:
| Worker | Employer |
Anonymised Parties | A Procurement Worker | A Health Care Services Provider |
Representatives | No appearance | An Employer Representative |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act 1969 | CA-00051506 | 30th June 2022 |
Workplace Relations Commission Adjudication Officer: Emile Daly
Date of Hearing: 09/10/2023
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.
Background:
The Worker’s dispute was that he was dismissed unfairly during a probation period. |
Summary of Workers Case:
No appearance at Adjudication Hearing |
Summary of Employer’s Case:
The Employer attended the Adjudication hearing with a representative and two witnesses. Prior to the hearing the Employer furnished written submissions in which the Worker’s dispute was denied in full. At the Adjudication hearing the Employer also confirmed that the dispute was denied in full. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
There was no attendance by or on behalf of the Worker at the Adjudication. I then took steps to confirm that the Worker was on notice of the Adjudication hearing and was satisfied that he was. The hearing notification was sent by email to the Complainant’s then legal representative on 21 August 2023.
On the morning of the hearing, 45 minutes after the Adjudication start time of 10 am I telephoned the Complainant’s legal representative who confirmed that the Complainant was aware of the hearing but that they had come off record for the Worker in this matter.
As there was no appearance on or on behalf of the Complainant and given that no evidence was provided in support of the Worker’s dispute and no application was made by the Worker to postpone the Adjudication hearing, I have no option other than to find that this dispute is not well founded.
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
This dispute is not well founded.
Dated: 12th October 2023.
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
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