ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00000799
Parties:
| Worker | Employer |
Anonymised Parties | A Medical Operative | A Healthcare Provider |
Representatives | Did not attend | Internal representation |
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 - 00000799 | 09/09/2022 |
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Date of Hearing: 16/07/2024
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:
The worker submitted a referral to the Workplace Relations Commission (WRC) on 9th September 2022 seeking adjudication under Section 13 of the Industrial Relations Act, 1969. |
Summary of Workers Case:
There was no attendance by or on behalf of the worker at the adjudication hearing. |
Summary of Employer’s Case:
The employer attended the adjudication hearing to address the complaints and dispute submitted by the complainant. |
Conclusions:
A referral seeking adjudication under Section 13 of the Industrial Relations Act, 1969 was submitted to the Director General of the WRC on 9th September 2022 and assigned the dispute reference IR-SC-00000799. The matter was referred to me for investigation. A remote hearing for that purpose was arranged for 16th July 2024 on the Webex platform. There was no appearance by or on behalf of the worker at the adjudication hearing. On the afternoon of 15th July 2024, the worker confirmed her attendance at the adjudication hearing. On the morning of the adjudication hearing the worker stated in an email at 07.54am that she had an emergency the previous evening and would not be in attendance. She was advised in an email response at 08.06am that she was required to provide written confirmation of her inability to attend and to seek a postponement of the hearing in those circumstances. The worker was also advised that not seeking a postponement and not attending the adjudication hearing may result in a decision stating that the matter had not been pursued. There was no further contact from the worker prior to the adjudication hearing commencing at 10.45am, the commencement time having been delayed by 15 minutes to facilitate the late arrival of the worker. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
As there was no attendance at the adjudication hearing by or on behalf of the worker to pursue the matter, I do not recommend in her favour. |
Dated: 29th July 2024.
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Non-attendance at hearing |