ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00039502
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | An Employer |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Complaint under Section 13 of the Industrial Relations Act. | CA-00051129-001 | 13/06/2022 |
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Date of Hearing: 14/05/2025
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard and to present any information relevant to the dispute.
Background:
The worker referred the dispute to the Workplace Relations Commission (WRC) on issues which occurred during her probationary period. The hearing was postponed on two occasions at the request of each of the parties. There was a further delay as the assigned adjudicator was on sick leave when the hearing was re-scheduled. When the hearing was further re-scheduled on 14th May 2025, neither of the parties attended. |
Summary of Workers Case:
The worker outlined details of the dispute on the complaint form which was submitted to the WRC. The issues related to how she was treated during her probationary period. The worker did not attend the hearing to outline the details of the dispute. |
Summary of Employer’s Case:
The employer made a submission to the WRC giving their version of the issues in dispute. The employer representative wrote to the WRC prior to the hearing to state that the respondent would not be attending and had outlined their position in their submission. |
Conclusions:
Neither of the two parties attended the hearing to outline the details of the dispute. The onus was on the worker to attend, particularly as the employer stated in advance that they would not be attending and had made a submission.
As the worker was notified of the hearing date and did not attend the hearing to outline the details of the dispute, I recommend that both parties accept that there is no live current dispute between the parties. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
As the worker was notified of the hearing date and did not attend the hearing to outline the details of the dispute, I recommend that both parties accept that there is no live current dispute between the parties.
Dated: 03/06/25
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Industrial Relations, Probation, Non-attendance |