ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052002
Parties:
| Complainant | Respondent |
Parties | Joan Kendrick | Thesaurus Software Limited T/A Bright Software Group |
Representatives | Finian Finn Denis I. Finn Solicitors | Donna Burke Sherwin O'Riordan |
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-00063646-001 | 23/05/2024 |
Date of Adjudication Hearing: 23/09/2024
Workplace Relations Commission Adjudication Officer: Conor Stokes
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:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. Neither party to this claim attended the hearing of this matter, no evidence was presented to me either in support or defence of this claim. Hearing notification letters issued both parties on 30 July 2024, consequently I am satisfied that the parties are on notice. The complainant offered no explanation for their absence. When contacted by telephone by the hearing concierge during the course of the hearing, the respondent indicated that the matter had been settled. No notification of any kind was received from the complainant by the WRC prior to the hearing of this matter. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Summary of Complainant’s Case:
The complainant did not attend the hearing. |
Findings and Conclusions:
As neither party to this claim attended the hearing of this matter, no evidence was presented to me either in support or defence of this claim. Hearing notification letters issued both parties on 30 July 2024, consequently I am satisfied that the parties are on notice. As no evidence was presented to me relating to this claim, I conclude that the complainant was not unfairly dismissed. |
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.
Having regard to the non-attendance of the parties at the hearing, my decision is that the complainant was not unfairly dismissed. |
Dated: 24th September, 2024
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Unfair Dismissal – Nonattendance of both parties – complainant not unfairly dismissed. |