ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00043939
Parties:
| Complainant | Respondent |
Parties | Michael Stapleton | Brenstone (Lismaine) Limited |
Representatives |
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Complaint:
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-00054356-001 | 04/01/2023 |
Date of Adjudication Hearing: 30/01/2024
Workplace Relations Commission Adjudication Officer: Bríd Deering
Procedure:
In accordance with s 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 and to present any evidence relevant to the complaint.
The Complainant referred a claim for redress for unfair dismissal to the Workplace Relations Commission (WRC) on 4 January 2023. A written submission on behalf of the Respondent was received by the WRC on 17 February 2023. The WRC sent a copy of the submission to the Complainant. The Respondent’s submission disputed the Complainant’s claim of unfair dismissal.
A hearing was scheduled for 20 June 2023. The Respondent was in attendance to meet the case. The Complainant did not attend the hearing. I was not satisfied the Complainant was properly on notice of the hearing as the email address provided by the Complainant did not look correct. The complaint was rescheduled for hearing on 16 November 2023. On 13 November 2023 the Complainant sought a postponement of the rescheduled hearing. A postponement was granted by the WRC.
A hearing was scheduled for 30 January 2024. The Complainant did not attend this hearing. There was no attendance by, or on behalf of, the Respondent. I verified that the Complainant and the Respondent had been served with notice of the time, date, and venue of the adjudication hearing. I waited some time to accommodate a late arrival. There was no appearance by the Complainant or the Respondent. The Complainant did not contact the WRC to indicate any difficulty with attending the hearing either before or after the hearing.
Summary of Complainant’s Case:
The Complainant did not attend the hearing to set out how there had been a contravention of the Unfair Dismissals Acts 1977-2015. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. |
Findings and Conclusions:
As the Complainant did not attend the hearing and did not give evidence to substantiate the complaint, I find the complaint under the Unfair Dismissals Acts 1977 - 2015 is not well-founded. |
Decision:
Section 8 of the Unfair Dismissals Acts 1977 – 2015 requires that I decide in relation to the unfair dismissal claim consisting of a grant of redress in accordance with s 7 of the Unfair Dismissals Acts 1977-2015.
I decide the complaint under the Unfair Dismissals Acts 1977 - 2015 is not well-founded. |
Dated: 08th February 2024
Workplace Relations Commission Adjudication Officer: Bríd Deering
Key Words:
No show by the Complainant. |