ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00030541
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | An Employer |
Representatives |
| Peninsula |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Worker seeking adjudication by the Workplace Relations Commission under the s 13 Industrial Relations Act 1969 | CA-00040423-001 | 14/10/2020 |
Workplace Relations Commission Adjudication Officer: Bríd Deering
Date of Hearing: 15/12/2022
Procedure:
In accordance with s 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute to me by the Director General, I gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute.
Background:
This dispute was referred to the Workplace Relations Commission on 14 October 2020. On 23 November 2020 the employer was asked by the Workplace Relations Commission whether it consented or objected to an investigation by an Adjudication Officer. No response was received from the employer and accordingly the dispute was scheduled for hearing. On 14 November 2022 Peninsula came on record as representatives for the employer. On 9 December 2022, Peninsula emailed the Workplace Relations Commission to say the employer would not be engaging in the dispute and it would not attend the hearing of the dispute on 15 December 2022. Section 36(1) of the Industrial Relations Act 1990 provides that an objection under s 13(3)(b)(ii) of the Industrial Relations Act 1969 by a party to a trade dispute to an investigation of the dispute by an Adjudication Officer, shall be of no effect unless it is notified in writing to the Workplace Relations Commission within three weeks after notice of the reference of the dispute to the Workplace Relations Commission has been sent by post to that party. |
Summary of Workers Case:
The worker did not attend the hearing. |
Summary of Employer’s Case:
The employer did not attend the hearing. |
Conclusions:
A hearing was held on 15 December 2022. There was no appearance by the worker or the employer at the hearing. No explanation for the worker’s non-attendance at the hearing was received by the Workplace Relations Commission. I am satisfied that a letter dated 9 November 2022 issued to the address provided by the worker in respect of this dispute, informing him of the date, time, and place of the hearing. No communication has been received by the worker in the interim indicating any difficulty attending the hearing on 15 December 2022. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
As the worker did not attend the hearing at the Workplace Relations Commission to pursue his dispute, I do not recommend in favour of the worker. |
Dated: 01-03-2023
Workplace Relations Commission Adjudication Officer: Bríd Deering
Key Words:
No attendance by either party. |