Investigation Recommendation Reference ADJ-00050964  

Parties:

Dispute:

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Date of Hearing:             13/06/2024

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 referred a dispute that she had been unfairly dismissed from her job.  As she had less than 12 months’ continuous service, she referred it under the Industrial Relations Act 1969.

Summary of Workers Case:

Having been notified of the date and time for the hearing, the Worker failed to attend the hearing.

Summary of Employer’s Case:

The Employer provided a written submission prior to the hearing outlining the situation which led to the Worker’s dismissal.

Conclusions:

I note the Worker engaged in correspondence with the WRC prior to the hearing and was advised if she could not attend, she could apply for a postponement.  On 7 June 2024 she emailed the WRC to re-iterate her unavailability and stated “I already explained I can’t make it that day but let it go ahead either way”.

In the absence of a formal request for postponement, the hearing proceeded.   As the Worker was not present to put her case, the hearing closed without considering submissions.                                                      In the circumstances, I am not in a position to make a recommendation in relation to this dispute and I do not find in favour of the Worker.

Recommendation:

Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.   Given the circumstances and conclusions above, I do not recommend in favour of the Worker.

Dated:   19/06/2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Key Words: