ADJUDICATION OFFICER Recommendation

Adjudication Reference: ADJ-00046430

Parties:

Anonymised Parties A Barista A Coffee Shop

Representatives

Did not attend

Complaint:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act	CA-00057212-001	19/06/2023

Date of Adjudication Hearing: 07/09/2023

Workplace Relations Commission Adjudication Officer: Andrew Heavey

Procedure:

In accordance with Section 13 of the Industrial Relations Acts 1969,following the referral of the dispute to me by the Director General, I was available to inquire into the dispute and to give the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

The matter was due to be heard on Thursday 7th September 2023 at 12.30pm. There was no appearance at the adjudication hearing by either the employee or the employer. At 12.50pm, I was satisfied that neither party would be attending the adjudication hearing.

Background:

This complaint relates to an alleged unfair dismissal referred under the Industrial Relations Act, 1969 in circumstances where the employee did not have the requisite service to bring a complaint under the Unfair Dismissals Act, 1977.

Summary of Complainant’s Case:

The complainant did not attend the adjudication hearing and was not represented.

Summary of Respondent’s Case:

The respondent did not attend the adjudication hearing and was not represented.

Findings and Conclusions:

The dispute was received by the Director General of the Workplace Relations commission on 19th June 2023 whereby the complainant alleges that she was unfairly dismissed from her employment. The dispute was assigned the complaint application number CA-00057212-001.

Neither party attended the adjudication hearing. From a review of the documentation, the employee was notified of the time, date and venue for the adjudication hearing by email on 17th August 2023 to an email address that the complainant had been using to correspond with the WRC.

Having been notified of the details relating to the adjudication hearing the employee did not correspond further with the WRC and a postponement of the hearing was not sought. Having considered the matter, I find that the employee was properly on notice of the adjudication hearing but did not attend to pursue her complaint.

Recommendation:

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

In all of the circumstances of the matter, I must conclude that the within dispute (CA-00057212-001) is not well-founded. Accordingly, I do not recommend in favour of the employee in this case.

Dated: 5th October 2023

Workplace Relations Commission Adjudication Officer: Andrew Heavey

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