ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001496
| Worker | Employer |
Anonymised Parties | Worker | Employer |
Representatives | N/A | N/A |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act 1969 | IR - SC - 00001496 | 29/06/2023 |
Workplace Relations Commission Adjudication Officer: Elizabeth Spelman
Date of Hearing: 19/03/2024
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 filed her Complaint Form with the Workplace Relations Commission (the “WRC”) on 29 June 2023. This matter was first scheduled for a remote Hearing on 27 October 2023. The Employer indicated that it would not attend. When the Worker did not attend, she was contacted by the WRC and she stated that she was not on notice of the Hearing. The matter was then scheduled for another remote Hearing on 23 January 2024. The Employer indicated that it would not attend. At the start of the Hearing, the Worker indicated that she could not attend as she was having technical difficulties. The matter was then scheduled for an in-person Hearing on 19 March 2024. The Worker did not attend. The Employer did not attend. |
Summary of Worker’s Case:
There was no attendance by, or on behalf, of the Worker. |
Summary of Employer’s Case:
There was no attendance by, or on behalf, of the Employer. |
Conclusions:
On 23 January 2024, the Parties were notified of the Hearing arrangements by the WRC. The same letter also set out the procedure regarding postponement requests. Neither Party requested a postponement.
Having reviewed the file, I am satisfied that both Parties were on notice of the Hearing. When the Parties did not attend the Hearing on 19 March 2024, a grace period was allowed to enable the Parties to attend or contact the WRC. They did not do so.
In the circumstances, I recommend that the Parties accept that they did not avail of the opportunity to be heard by me and to present any information relevant to their dispute. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
The Parties failed to attend. In the circumstances, I recommend that the Parties accept that they did not avail of the opportunity to be heard by me and to present any information relevant to their dispute.
Dated: 10th of April 2024
Workplace Relations Commission Adjudication Officer: Elizabeth Spelman
Key Words:
Non-attendance. |