ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00049266

Parties:

	Complainant	Respondent
Parties	Fiona Nolan	Coolock Development Council Clg

Representatives

Jerry Lucey Blended HR

Gareth Kyne HR

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-00060361-001	02/12/2023
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00060361-002	02/12/2023
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998	CA-00060376-001	04/12/2023

Dates of Adjudication Hearing:28/6/2024, 5/11/24 and 20/01/2025

Workplace Relations Commission Adjudication Officer: Maire Mulcahy

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and Section 79 of the Employment Equality Acts, 1998 - 2015, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

The changes arising from the judgment of the Supreme Court in Zalewski v. Adjudication Officer and WRC, Ireland and the Attorney General [2021] IESC 24 on 6 April 2021 were notified to the parties who proceeded in the knowledge that hearings are to be conducted in public, decisions issuing from the WRC will disclose the parties’ identities and sworn evidence may be required.

I gave the parties an opportunity to be heard and to present evidence relevant to the complaint.

Oral evidence was presented by the complainant under oath. One of the respondent’s witnesses gave evidence under oath.

The complainant was represented by Jerry Lucey, Blended HR.

The respondent was represented by Gareth Kyne, HR. Two members of the Board of management, plus a further witness also attended.

Background:

The complainant presented a complaint to the WRC on 4/12/2023 that that she had been discriminated and victimized contrary to the provisions of the Employment Equality Act, 1998 on the basis of her gender and age. The complainant presented a further complaint of constructive dismissal on the 15/12/2023 under the Unfair Dismissals Act, 1977.

The complainant had been employed as a General Manager with the respondent’s delivery of services to 34 community organizations, and some business tenants from 3/12/2012 until her resignation on 6/10/2023.

The complainant’ s weekly, gross salary was €1,202.

She submitted her complaints to the WRC on 4/12/2023.

Summary of Complainant’s Case:

CA-00060361-002. Complaint under Section 8 of the Unfair Dismissals Act, 1977.

The complainant withdrew this complaint as it is a duplicate of CA-00060361-001.

A-00060376-001. Complaint under section 77 of the Employment Equality Act, 1998.

The complainant withdrew this complaint.

CA-00060361-001. Complaint under Section 8 of the Unfair Dismissals Act, 1977.

The complainant presented a complaint to the WRC that she had been constructively dismissed.

The first hearing which opened on the 28/6/2024 was postponed due to failure to exchange documents.

The second hearing took place on the 5/11/24 at which the complainant gave and completed her evidence under oath.

A further hearing was scheduled for 20/1/2025 to allow the remaining two respondent witnesses to give evidence and to allow for cross examination of such evidence.

Neither the complainant nor her representative attended. Though notified of the time and date of the hearing, neither gave any explanation/communication concerning their inability to attend the scheduled hearing.

Summary of Respondent’s Case:

CA-00060361-001. Complaint under Section 8 of the Unfair Dismissals Act, 1977.

The respondent contests this claim

The respondent attended on the three dates. One of the respondent’s three witnesses gave evidence under oath on the 5/11/2023.

The respondent attended with nominated witnesses on the 20/1/2025.

Findings and Conclusions:

CA-00060361-001. Complaint under Section 8 of the Unfair Dismissals Act, 1977.

A complaint was received by the Director General of the Workplace Relations commission from the complainant on the 15 /12/2023 alleging that the respondent had contravened the provisions of the Unfair Dismissals Acts, 1977-2015 in relation to her. A resumed hearing for that purpose was held on 20/1/2025. There was no appearance by the complainant at the hearing nor was any explanation for her absence offered to the WRC. I am satisfied that the said complainant was informed in writing of the date, time, and place at which the hearing to investigate the complaint would be held.

In the circumstances obtaining and in the absence of any evidence as to why the hearing into this complaint and into all necessary evidence should not have been completed, I must conclude that the within complaint is not well-founded and I decide accordingly.

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.

Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.

CA-00060361-001. Complaint under Section 8 of the Unfair Dismissals Act, 1977.

I decide that this complaint is not well founded.

CA-00060376-001. Complaint under section 77 of the Employment Equality Act, 1998.

This complaint was withdrawn.

Dated: 28/01/2025

Workplace Relations Commission Adjudication Officer: Maire Mulcahy

Key Words:

Failure to allow for completion of proceedings.