ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00009811
Anonymised PartiesRecruitment Business Partner -v- Financial Institution
Representatives Mason Hayes & Curran
ActComplaint/Dispute Reference No.Date of Receipt Complaint seeking adjudication by the Workplace Relations Commission under Section 25 of the Protection of Employees (Temporary Agency Work) Act, 2012 CA-00012858-001 29/07/2017 Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts CA-00012858-002 29/07/2017
Date of Adjudication Hearing: 07/11/2017
Workplace Relations Commission Adjudication Officer: Roger McGrath
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 13 of the IndustrialRelations Acts 1969]following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Summary of Complainant’s Case:
The Complainant did not attend the hearing.
Summary of Respondent’s Case:
The Respondent did attend the hearing.
Findings and Conclusions:
I am satisfied the Complainant was communicated to regarding the date and time of the hearing. There was an unexplained absence of the Complainant.
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.] The Complainant did not attend the hearing convened to hear direct evidence in support of the complaint(s)/dispute(s). The Employment Appeals Tribunal in Case No: UD1112/08 Kozlowski v Multi roofing Systems Ltd found: “The legal requirements place an onus on a Claimant to prosecute his case and to be present for the hearing”. The Complainant in this instant case did not attend the hearing and the complaint fails.
Dated: 14 December 2017 Workplace Relations Commission Adjudication Officer: Roger McGrath