ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054532
Parties:
| Complainant | Respondent |
Parties | Julmar Mandiangu | An Post |
Representatives | self | Jacinta Bourke An Post Legal Dept/Brian Hallisey BL |
Complaint(s):
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-00066129-001 | 19/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00066129-004 | 19/09/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 18 of the Parental Leave Act 1998 | CA-00066129-005 | 19/09/2024 |
Date of Adjudication Hearing: 14/07/2025
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 – 2015following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant brings numerous complaints alleging: 1. Wrongly dismissed for not producing doctor cert while out sick from being injured in work. 2. I did not receive my paid holiday/annual leave entitlement 3. I was penalised for being out sick.
The Complainant failed to attend at the hearing. |
Summary of Complainant’s Case:
The Complainant failed to attend. The Complainant has made no contact with the Commission or any other person acting on his behalf to inform the Commission of any change in the Complainant’s circumstances. The Complainant failed to attend at the hearing and was notified at the email address he provided. A Solicitor detailed as acting for the Complainant was contacted after the hearing. However, the Commission was informed that they acted for the Complainant for an entirely different matter and had no instructions concerning the complaints before the Commission. |
Summary of Respondent’s Case:
The Respondent was in attendance and ready to rebut the allegations made against them. |
Findings and Conclusions:
The complaint was lodged with the Commission on the 29th of September 2024. The Complainant consented to email communication and confirmed this to the Commission in separate correspondence in early October 2024. I am satisfied that the Complainant was properly notified of the date, time and place of the hearing and failed to attend. |
Decision:
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 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.
I dismiss all complaints for failure to attend. CA-00066129-001 I find that the Complainant was not unfairly dismissed. CA-00066129-004 I find the complaint relating to annual leave entitlement is not well founded. CA-00066129-005 I find the complaint relating to penalisation is not well founded. |
Dated: 06-08-25
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No show |