ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00039079
Parties:
| Complainant | Respondent |
Parties | Alan O'Shea | Cork County Council |
| Complainant | Respondent |
Anonymised Parties |
|
|
Representatives | Self-Represented | Self-Represented |
Complaints:
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-00050702-001 | 18/05/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00050702-002 | 18/05/2022 |
Date of Adjudication Hearing: 09/02/2024
Workplace Relations Commission Adjudication Officer: Brian Dolan
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and Section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
On 18th May 2022, the Complainant referred the present complaints to the Commission. Herein, he alleged that he had been unfairly dismissed and that the Respondent had discriminated against him.
An initial hearing date in relation to this matter was convened for 27th June 2023. This hearing was conducted by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. No technical issues were experienced by either side during the hearing. On this date the matter was adjourned to allow the parties to exchange submission and to potentially disclose certain information relevant to the proceedings. It was further agreed that the matter should be considered on a face-to-face basis on resumption.
A further hearing in relation to this matter was convened for 9th February 2024, at the Commission’s Cork offices. On the date prior to this hearing, the Complainant indicated that he did not intend on attending the same. Thereafter, there was no appearance by the Complainant at the hearing as scheduled. |
Summary of the Complainant’s Case:
While the Complainant raised numerous allegations by way of his complaint form and his subsequent submission, he did not attend the hearing to give sworn evidence in support of these allegations. In circumstances whereby the Complainant was clearly on notice of the time, date and and venue of the hearing, the same proceeded in his absence. |
Summary of the Respondent’s Case:
In circumstances whereby the Complainant did not attend the hearing, the Respondent submitted that the complaints must fail. |
Findings and Conclusions:
In circumstances whereby the Complainant did not attend the hearing to prosecute his complaints, I find that he has not demonstrated that he was unfairly dismissed or discriminated against. |
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.
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
CA-00050702-001 – Complaint under the Unfair Dismissals Acts I find that the Complainant was not unfairly dismissed within the meaning of the Act. CA-00050702-002 – Complaint under the Employment Equality Acts I find that the Respondent did not discriminate against or harass the Complainant. |
Dated: 08th of March 2024
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Non-attendance, resumed date |