ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044499
Parties:
| Complainant | Respondent |
Parties | Declan O'Brien | HSE |
Representatives | Did not attend the hearing | Represented by Management |
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-00055253-001 | 20/02/2023 |
Date of Adjudication Hearing: 07/02/2024
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
This complaint was submitted to the WRC on February 20th 2023 and, in accordance with Section 8 of the Unfair Dismissals Act 1977 – 2015, it was assigned to me by the Director General. A hearing was arranged for November 9th 2023 for the parties to present evidence in respect of the complaint; however, it was cancelled at the request of the complainant. A hearing was then scheduled for February 7th 2024, at 12.00pm. At 12.15pm, the complainant had not arrived and he did not telephone the WRC to explain his non-attendance. Having checked the complainant’s file, I am satisfied that he was informed in writing of the date and time at which the hearing to investigate his complaint of unfair dismissal would be held and that he was also informed of the venue in which the hearing would take place.
Decision:
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.
In the circumstances where the complainant did not attend the hearing and, in the absence of any evidence to the contrary having been presented, I must conclude that this complaint under the Unfair Dismissals Act 1977 – 2015 is not well-founded and I decide accordingly. |
Dated: 16th of February 2024
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
The complainant did not attend the hearing. |