ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00009610
Parties:
|
|
Complainant |
Respondent |
|
Anonymised Parties |
A Worker |
A Retail Business |
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-00012606-001 |
18/07/2017 |
|
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 |
CA-00012606-002 |
18/07/2017 |
Date of Adjudication Hearing: 29/11/2017
Workplace Relations Commission Adjudication Officer: Stephen Bonnlander
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 - 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.
On the day of the hearing, the respondent’s counsel and solicitor were present, as was the complainant’s trade union representative. The complainant himself was not present. Mr Meegan carefully outlined how he had attempted to contact the complainant for several days at this point, to no avail. I agreed with Mr Meegan that I would wait for another 24 hours, in which he was to contact me at his earliest convenience in case his client made contact again, and to advise me of any explanation his client offered for his non-appearance. I did not receive any such notification or contact from Mr Meegan within the agreed time.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
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.
Both Section 41 of the Workplace Relations Act 2015 and Section 8 of the Unfair Dismissals Acts 1977 to 2015 require that I inquire into complaints delegated to me by the Director General and give the parties an opportunity to be heard and to present evidence to me.
I find that the failure of the complainant to attend the hearing scheduled for this purpose was unreasonable in the circumstances described above and that therefore any obligation under Section 41 of the Workplace Relations Act 2015 and Section 8 of the Unfair Dismissals Acts 1977 to 2015 has ceased. Accordingly, I conclude the investigation and find against the complainant in respect of both of the above complaints.
Dated: 08.12.2017
Workplace Relations Commission Adjudication Officer: Stephen Bonnlander
Key Words:
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Unfair Dismissal Acts 1977-2015 - Minimum Notice & Terms of Employment Act, 1973 – obligation to hear parties pursuant to S. 41 of Workplace Relations Act 2015 and S. 8 of Unfair Dismissals Acts 1977-2015 – no show by complainant. |