Recommendation
Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001773
Parties:
| Worker | Employer |
Anonymised Parties | A Security Guard | A Security Company |
Representatives | Not represented and did not attend the hearing | Peter Gilfedder, IBEC |
Disputes:
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 - 00001773 | 12/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00001774 | 12/09/2023 |
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Date of Hearing: 03/04/2024
Procedure:
In accordance with section 13 of the Industrial Relations Act 1969 (as amended), these disputes were assigned to me for investigation by the Director General. A hearing was arranged for Wednesday, April 3rd 2024 at 9.30am. The employer was represented by Mr Peter Gilfedder of IBEC and he was accompanied by the company’s HR director and its chief executive officer. A Polish interpreter, Mr Adam Brozynski, attended to assist the worker. However, the worker did not attend. I understand that on Tuesday, April 2nd, he contacted the WRC and sought an adjournment of the hearing because he was on holidays abroad. He said that he didn’t receive notification of the date of the hearing.
I checked the case file and noted that a letter was sent to the worker by registered post on March 4th 2024, notifying him of the date and time of the hearing on April 3rd. The letter was not returned to the WRC. I am satisfied therefore, that he had four weeks’ notice of the hearing. An email was sent to the worker on March 14th 2024, notifying him of the name of the employer’s representative. There is no evidence that the email was not received. I am satisfied that the worker was informed in writing of the date and time at which the hearing to investigate his disputes would be held. I find that it was unreasonable and a waste of the resources of the WRC that he did not attend. The adjournment is refused.
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
In the circumstances in which the worker did not attend the hearing, I recommend that the employer takes no further action regarding the matters in dispute. |
Dated: 10-04-2024
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
The worker did not attend the hearing. |