ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044987
Parties:
| Complainant | Respondent |
Parties | Cuicui Wang | Hillbilly's Takeaway Limited |
Representatives | N/A | Michelle Ryan, Ronan Daly Jermyn LLP, instructing Jason Murray B.L.. |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 8 of the Unfair Dismissals Act, 1977 | CA-00055690-001 | 24/03/2023 |
Date of Adjudication Hearing: 13/02/2024
Workplace Relations Commission Adjudication Officer: Elizabeth Spelman
Procedure:
In accordance with section 41 of the Workplace Relations Act 2015 and/or 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.
Background:
On 24 March 2023, the Complainant submitted her Complaint Form to the Workplace Relations Commission (“WRC”) in which she alleged that she was unfairly dismissed for exercising her right under the Protected Disclosure Act. The Complainant sought adjudication under section 8 of the Unfair Dismissals Act 1977-2015, as amended. A Hearing was scheduled for 13 February 2024. The Respondent’s Company Director, a Company Representative and a witness were in attendance for the Respondent. The Respondent was represented by Ms. Michelle Ryan of Ronan Daly Jermyn LLP, instructing Mr. Jason Murray B.L.. The Complainant did not attend. |
Summary of Complainant’s Case:
There was no attendance by, or on behalf, of the Complainant. |
Summary of Respondent’s Case:
The Respondent was in attendance. |
Findings and Conclusions:
In a letter from the WRC dated 18 December 2023, the Complainant was informed of the details of the Hearing to take place on 13 February 2024. The letter also set out the procedure regarding postponement requests. The Complainant did not request a postponement. When the Complainant did not attend the Hearing on 13 February 2024, a grace period was allowed to enable her to attend or contact the WRC. She did not do so. I am satisfied that the Complainant was on notice of the Hearing. The Complainant failed to attend the Hearing to present any evidence in support of her complaint. In the circumstances, I find that the complaint is not well founded. |
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.
For the reasons outlined above, I find that this complaint is not well founded. |
Dated: 10/04/2024
Workplace Relations Commission Adjudication Officer: Elizabeth Spelman
Key Words:
Non-attendance. |