ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048188
Parties:
| Complainant | Respondent |
Parties | Alan Farrell | Recruitnet International |
| Complainant | Respondent |
Anonymised Parties |
|
|
Representatives |
| Eoin O’Connor B.L., instructed by Bowman McCabe Solicitors |
Complaint(s):
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-00057980-001 | 30/07/2023 |
Date of Adjudication Hearing: 21/11/2024
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
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:
A hearing of this complaint was scheduled for 21 November 2024 and both parties were informed of this by letter dated 2 October 2024, which was sent by email. On the day before the hearing, 20 November 2024, the complainant requested a postponement, saying he was unwell, and attached a medical certificate. A postponement was not granted before the hearing and the complainant did not attend. The respondent did attend the hearing. On the day of the hearing I was unable to grant a postponement as the medical certificate was not in English. That same day the complainant was asked to provide a translation of the medical certificate and a written submission by 26 November 2024. The complainant did not provide these documents. |
Summary of Complainant’s Case:
The complainant did not attend the hearing. |
Summary of Respondent’s Case:
The respondent did attend the hearing and was prepared to put forward its position in relation to the complaint. |
Findings and Conclusions:
The complainant submitted a medical certificate the day before the hearing and said he would not be attending the hearing. In most cases where a medical certificate is submitted a postponement is granted. In this case the medical certificate was not in English. Therefore, it was not possible to confirm the details on the certificate. The complainant was given five days to submit a translation, which would have allowed a decision on whether or not to grant a postponement to be made. The complainant did not provide a translation and gave no reason for this. In these circumstances I conclude the complainant was unable to pursue his claim. |
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.
The complaint did not attend the hearing and is unable to pursue his claim and I find it is not well founded. |
Dated: 29th of November 2024
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
Key Words: Complainant did not attend |