ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001473
Parties:
| Worker | Employer |
Anonymised Parties | A Solicitor | An Employer |
Representatives | No Appearance | MP Guinness BL instructed by Holmes O'Malley Sexton Solicitors |
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 - 00001473 | 21/06/2023 |
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Date of Hearing: 04/12/2024
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:
There was no appearance by the Worker.
The Employer appeared and filed submissions in advance of the hearing. |
Summary of Workers Case:
The dispute was received by the Workplace Relations Commission on 21 June 2023. No submissions were received from the Worker. There was a serious of adjournments in this case. The Worker made an application in advance of this hearing on the basis of work commitments. It was refused. The Worker appealed and it was again refused. After waiting a reasonable period of time, there was no appearance by the Worker. |
Summary of Employer’s Case:
The Employer attended at the hearing. Detailed submissions were received in February 2024. It was submitted that the Worker was active in the workplace with her colleagues, she had a for mention court appearance this morning which could be covered by a colleague, and she had not requested an annual leave day to attend the hearing. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
Having reviewed the file, I am satisfied the Worker was on notice of the hearing. There was engagement via email with the Worker in recent days together with numerous efforts were also made to follow up via phone with the Worker. In the circumstance where the Worker has failed to attend the hearing despite being on notice and present her dispute, I am not making any recommendation. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute. However in the circumstances, I am not making any recommendation.
Dated: 05/12/2024
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
No Appearance |