ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00042334

Parties:

	Complainant	Respondent
Parties	Christine Hyde	Rockboro Primary And Preschool

Representatives

Self-represented

Mr. Stephen O’Donoghue BL instructed by Murphy, Healy & Co. Solicitors

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-00053041-001

29/09/2022

Date of Adjudication Hearing: 18/01/2024

Workplace Relations Commission Adjudication Officer: Lefre de Burgh

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 – 2015following 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 by me and to present to me any evidence relevant to the complaint.

Background:

The Complainant was employed by the Respondent as a schoolteacher from 01/09/2005 until 23/09/2022.

The Complainant alleges that she was constructively dismissed by her employer.

For completeness, in a constructive dismissal claim, the burden of proof rests on the Complainant.

Summary of Complainant’s Case:

The Complainant did not attend the hearing and was not represented.

The hearing was scheduled for 10.30 am on 18/01/2024. When the Complainant did not attend, the Adjudication Officer requested that the Case Officer phone the Complainant, to make sure that she was properly on notice of the hearing.

The Case Officer rang the Complainant and the Complainant answered. The Complainant indicated to the Case Officer that she was not pursuing the matter.

I am satisfied that the Complainant was properly on notice of the hearing.

Summary of Respondent’s Case:

Ms. Bridget O’Sullivan attended at the adjudication hearing, on behalf of the Respondent. The Respondent was represented, at the hearing, by Mr. Stephen O’Donoghue BL instructed by Mr. Conor Murphy, Solicitor of Murphy, Healy & Co. Solicitors.

Findings and Conclusions:

The complaint was received by the Director General of the Workplace Relations Commission on 29/09/2022, whereby the Complainant alleged that her former employer contravened the provisions of the Unfair Dismissals Act 1977, in relation to her.

The complaint was assigned the complaint application number CA-00053041-001

The complaint was referred to me for hearing and an adjudication hearing was convened on 18/01/2024.

There was no appearance by or on behalf of the Complainant, at the hearing.

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 all of the circumstances of the matter, I must conclude that the within complaint (CA-00053041-001) is not well founded and I decide accordingly.

Dated: 19-01-2024

Workplace Relations Commission Adjudication Officer: Lefre de Burgh

Key Words:

No appearance; Constructive Dismissal;