ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044325
Parties:
| Complainant | Respondent |
Parties | Eric Horner | Hibernia Services Limited |
Representatives |
| Cara Jane Walsh BL, instructed by Eir Legal Department |
Complaint(s):
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-00054821-001 | 01/02/2023 |
Date of Adjudication Hearing: 31/01/2024
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Summary of Complainant’s Case:
The complainant did not attend the hearing. |
Summary of Respondent’s Case:
The respondent attended the hearing together with its legal representatives and witnesses and were available to provide its evidence in relation to the complaint. |
Findings and Conclusions:
As part of my investigation, I am obliged to hold a hearing. There was no explanation received for the non-attendance of the complainant at the hearing. I consider that the complainant’s failure to attend the hearing was unreasonable. In the circumstances, I conclude the investigation and find against the complainant. |
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.
Based on the circumstances outlined above and in the absence of any evidence to the contrary having been adduced before me, I conclude that this complaint is not well-founded and that the complainant was not unfairly dismissed. |
Dated: 07th February 2024
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Key Words:
Unfair Dismissal, non-attendance at hearing |