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LCR22637

FULL RECOMMENDATION

CD/22/73
RECOMMENDATION  NO.  LCR22637

SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969


PARTIES :
HEALTH SERVICE EXECUTIVE

- AND -

A WORKER
(REPRESENTED BY UNITE THE UNION)


DIVISION :

Chairman: Ms Connolly
Employer Member: Mr Marie
Worker Member: Ms Treacy

SUBJECT:

1. The Worker was wrongly singled out and accused incorrectly by the employer.

BACKGROUND:

2. On the 8 April 2022 the Worker referred a complaint to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969. The Worker agreed to be bound by the Court’s Recommendation.

A remote hearing of the Labour Court hearing took place on the 17 June 2022.




RECOMMENDATION :

This claim was referred to the Court by a Worker under Section 20(1) of the Industrial Relations Act 1969.

The Worker’s representative was notified by email of the time and date on which the hearing to investigate this dispute would be held. The representation accepted the invitation in advance of the hearing.

The Court is satisfied that notice with the relevant time and date of the hearing was sent to all parties and was received by all parties.

The Court received no contact from the Worker or her representative prior to the scheduled start time or during the time allotted for the remote hearing to make the Court aware of any technical difficulties or to provide an explanation for their absence.

In circumstances, where the Worker and her representative failed to attend the hearing, the complaint fails due to her failure to pursue her claim. The Court recommends that the issue be regarded as closed.

The Court so Recommends.

Signed on behalf of the Labour Court
Katie Connolly
SL ______________________
04 August 2022 Deputy Chairman


NOTE

Enquiries concerning this Recommendation should be addressed to Shane Lyons, Court Secretary.