ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00031404

Parties:

	Complainant	Respondent
Parties	Elsayed Alishehata	Chimeway Limited

Representatives

Did not attend the hearing

Complaints:

Act	Complaint Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00041706-001	23/12/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00041706-002	23/12/2020

Date of Adjudication Hearing: 12/04/2024

Workplace Relations Commission Adjudication Officer: Catherine Byrne

Procedure:

These complaints were submitted to the WRC on December 23rd 2020 and, in accordance with Section 8 of the Unfair Dismissals Act 1977 – 2015 and section 41 of the Workplace Relations Act 2015, they were assigned to me by the Director General.

On the form on which he submitted these complaints to the WRC, the complainant indicated that he was represented by O’Hanrahan Lally D’Alton LLP Solicitors. He claimed that he was constructively dismissed on January 1st 2020. On January 21st 2021, the WRC wrote to O’Hanrahan Lally D’Alton Solicitors informing them that it appeared that the complaints were submitted outside the statutory time limit. The solicitors were invited to apply to extend the time limit. On February 21st 2021, Peninsula informed the WRC that they were on record to represent the respondent, Chimeway Limited.

The complainant’s solicitors did not reply to the letter of January 21st 2021 and, on October 11th 2022, the WRC wrote to them to inform them that, if there was no response within 21 days, the complaints would be struck out for non-pursuance. A reply came by email on November 8th 2022, informing us that submissions regarding the time limit would be lodged shortly.

There was no further communication from O’Hanrahan Lally D’Alton Solicitors and, on February 19th 2024, a notice of a hearing on April 12th 2024 was sent to the parties. On April 9th 2024, Peninsula informed us that they were no longer on record for the respondent. Neither the complainant or the respondent attended the hearing.

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.

In the circumstances where the parties did not attend the hearing and did not provide an explanation for their non-attendance, and, in the absence of any evidence to the contrary having been adduced before me, I must conclude that these complaints are not well founded and I decide accordingly.

Dated: 17th April, 2024

Workplace Relations Commission Adjudication Officer: Catherine Byrne

Key Words:

The complainant and the respondent did not attend the hearing.