ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050603
Parties:
| Complainant | Respondent |
Parties | Daniel Carr | Functional Intelligent Training Ireland Ltd trading as Energie Fitness Dundalk |
Representatives | Did not attend | In house representation |
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-00062002-001 | 05/03/2024 |
Date of Adjudication Hearing: 08/10/2024
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 to give the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complaint was employed by the respondent as a fitness instructor from 1st July 2022 until his dismissal on 3rd January 2024. The complaint was submitted to the Workplace Relations Commission (WRC) on 5th March 2024 and 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 and was prepared to address the complaint submitted by the complainant. |
Findings and Conclusions:
The complaints were received by the Director General of the WRC on 5th March 2024 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 numbers CA-00062002-001. The said complaints were referred to me for investigation. A remote adjudication hearing for that purpose was arranged for 8th October 2024. There was no appearance by or on behalf of the complainant at the hearing. The complainant was notified of the date and time of the hearing of his complaint to his email address. There were also a number of attempts made by a staff member of the WRC to contact the complainant prior to the commencement of the hearing but not contact could be made and there was no voicemail facility on the complainant’s mobile phone. The adjudication hearing itself was also delayed for 15 minutes to facilitate the late arrival of the complainant to the hearing. There has been no further contact from the complainant. |
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 complaints (CA-00062002-001) is not well-founded and I decide accordingly. |
Dated: 11th of October 2024
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Complainant did not attend. |