ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048707
Parties:
| Complainant | Respondent |
Parties | Kacper Kuty | Irish Sprinkler & Fire Protection |
Representatives | Did not attend | Byrne Wallace Solicitors |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00059811-001 | 05/11/2023 |
Date of Adjudication Hearing: 07/03/2024
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015,following 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 Pipefitter from 16th November 2022 until 22Nd June 2023. The complaint relates to an alleged unfair dismissal. |
Summary of Complainant’s Case:
The complainant did not attend the adjudication hearing and was not represented. |
Summary of Respondent’s Case:
The respondent attended the adjudication hearing. The respondent’s representative stated that as the complainant did not attend the hearing to pursue the complaint, the complaint should be dismissed. |
Findings and Conclusions:
The complaint was received by the Director General of the Workplace Relations Commission on 5th November 2023 whereby the complainant alleged that his former employer contravened the provisions of the Unfair Dismissals Act, 1977 in relation to him. The complaint was assigned the complaint application number CA-00059811-001. The said complaint was referred to me for investigation. A hearing for that purpose was arranged for 7th March 2024. There was no appearance by or on behalf of the complainant at the hearing. The complainant’s representative, by email dated 6th March 2024, informed the Workplace Relations Commission that it had been unable to contact the complainant or to get any instructions from him in relation to his complaint. On that basis the representative stated that it had come off record and was no longer acting for the complainant. In advance of the hearing taking place, staff members of the WRC made numerous efforts to contact the complainant by phone and by email. There was no response from the complainant and he has made no further contact with the WRC since. |
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-00059811-001 is not well-founded and I decide accordingly). |
Dated: 14th of March 2024
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Non-attendance by complainant at hearing |