ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002804
| Worker | Employer |
Anonymised Parties | A worker | An employer |
Representatives | Did not attend hearing. | Lian Rooney IBEC |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00002804 | 01/07/2024 |
Workplace Relations Commission Adjudication Officer: Jim Dolan
Date of Hearing: 02/10/2024
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute.
Background:
The Worker was employed by the Employer as a General Operative. Employment commenced on 5th September 2005 and ended on 22nd May 2024. This complaint was received by the Workplace Relations Commission on 1st July 2024. |
Summary of Workers Case:
The Worker did not attend the scheduled hearing of the complaint. I am satisfied that by letter dated 15th August 2024 the Worker received all the arrangements for the hearing i.e., date, time and venue. No correspondence was received from the Worker offering any explanation into his non-attendance. |
Summary of Employer’s Case:
The Employer did attend the scheduled hearing and was fully prepared to present a case. |
Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission from the Worker alleging that he was unfairly dismissed from employment. It was the Worker’s wish that the complaint be heard under the Industrial Relations Act, 1969. A hearing for that purpose was held on Wednesday 2nd October 2024. There was no appearance by or on behalf of the Worker at the hearing. I am satisfied that by letter dated 15th August 2024 the Worker received all the arrangements for the hearing i.e., date, time and venue etc., In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and my recommendation is that the complaint fails. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I must conclude that the within complaint is not well-founded and my recommendation is that the complaint fails.
Dated: 14th of October 2024
Workplace Relations Commission Adjudication Officer: Jim Dolan
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