ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037180
Parties:
| Complainant | Respondent |
Parties | Siobhan Brady | Trevor Francis Expert Hair |
| Complainant | Respondent |
Anonymised Parties |
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Representatives | The claimant represented herself | The respondent represented himself |
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-00048491-002 | 06/02/2022 |
Date of Adjudication Hearing: 01/11/2023
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The claimant submitted that she was employed as a senior stylist with the respondent from the 2nd.October 2020 to the 17th.November 2021.The claimant submitted that she had to leave her job owing to the conduct of the respondent and had no option but to terminate her employment – she asserted that she was constructively dismissed. The respondent submitted that there was no jurisdiction to investigate the complaint as the claimant did not have the requisite one years’ service to avail of the protection under the Act. The respondent refuted the allegations made by the claimant, denied that the claimant was ever the subject of abusive or bullying behaviour and argued that he did not work with the claimant during the disputed period.
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The complaint was investigated over three separate days and at the final hearing on the 1st.November 2023 the claimant undertook to submit further documentation in support of her contention that she was an employee of the respondent for in excess of one year .The documentation was not forthcoming despite reminders from the WRC on the 7th.February 2024 , the 23rd.February 2024, the 19th.March 2024 , the 6th.May 2024 and the 29th.July 2024.In the absence of any response from the complainant , I have no alternative but to issue a decision to the effect that the complaint fails for lack of prosecution.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
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 fails for lack of prosecution. |
Dated: 09th of October 2024
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Key Words:
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