ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00054324

Parties:

	Complainant	Respondent
Parties	Faiza Eid	Wishmill Ltd

Representatives

None in attendance

Complaint:

Act	Complaint Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 8 of the Unfair Dismissals Act 1977	CA-00066181-001	23/09/2024

Date of Adjudication Hearing: 01/04/2025

Workplace Relations Commission Adjudication Officer: Kara Turner

Procedure:

In accordance with section8 of the Unfair Dismissals Acts 1977 - 2015,following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The complainant referred a claim to the Workplace Relations Commission under section 8 of the Unfair Dismissals Act 1977, as amended.

There was no attendance by either party at the hearing arranged by the Commission.

Findings and Conclusions:

By correspondence dated 31 January 2025, the Commission notified the parties of the hearing arrangements for 1 April 2025.

A submission received on behalf of the respondent outlined interaction between the parties at a pre-employment stage and submitted that at no time was the complainant employed by the respondent as no contract of employment had been entered into.

I am satisfied that the complainant was informed of the hearing arrangements for her claim in accordance with an agreed means of communication. The complainant did not engage with the Commission in relation to a complaint validation issue and did not submit a response to the respondent’s submission, which was exchanged with the complainant.

In circumstances where it was necessary for the complainant to attend the hearing in pursuit of her claim, I must conclude that the claim against the respondent is not well founded.

Decision:

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.

For the reasons set out above, my decision is that the unfair dismissal claim against the respondent is not well-founded, and that the claimant was not unfairly dismissed by the respondent within the meaning of the Unfair Dismissals Acts 1977 - 2015.

Dated: 11th April 2025

Workplace Relations Commission Adjudication Officer: Kara Turner

Key Words:

Unfair dismissal - Non-attendance at hearing