Complainant

Respondent

Parties

Steve  Wrenn

Department Of Justice

Representatives

N/A

Orla Murphy BL instructed by Emmet Hayes of the Chief State Solicitor's Office

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Part 14 Section 103(55M) of the Health Act, 2007

CA-00067440-001

17/11/2024

The complaint was received by the Director General of the Workplace Relations Commission on 17th November 2024. The complaint form stated that it was in relation to penalisation for making a protected disclosure under the Health Act, 2007.

A hearing was scheduled for 11.00am on Wednesday 11th June, 2025 in Lansdowne House, Ballsbridge, Dublin 4.

At the time the hearing was due to commence, it was apparent that there was no attendance by or on behalf of the Complainant. I verified that the Complainant was on notice of the date, time and venue of the hearing and waited some time to accommodate any late arrival.

The Complainant did not attend the hearing. I waited some time to accommodate any late arrival and enquired of the case officer if any communication had been received from the Complainant in the immediate lead up to the hearing. It was confirmed that no communication had been received.

This matter had previously been listed for hearing on 26th March 2025. The Complainant made an application in advance of that date for a postponement of the hearing. The application was not granted and the hearing remained scheduled for that date. On 24th March 2025, the Complainant emailed to say that he would not be attending the hearing. In an email response on that same date, the Complainant was asked if that meant he was going to withdraw his complaint. No response was received to that enquiry. At the hearing on 26th March, 2025 there was no appearance by or on behalf of the Complainant. The Adjudication Officer adjourned the matter on that occasion.

An email was sent to the Complainant on 23rd April 2025 asking if he wished to withdraw his complaint. No response was received to this communication and no further contact is recorded in the case file from the Complainant.

This case was assigned another hearing date and a hearing notification letter was issued to the Complainant at 13.24 on the 15th May 2025. 

At the appointed time of the hearing on 11th June 2025, there was no appearance by or on behalf of the Complainant. No application for a postponement or adjournment was received from the Complainant on this occasion.

The Respondent was present for the hearing, but as the Complainant was not in attendance to put forward the complaint then there was no case for it to respond to.

The hearing was scheduled for 11.00am on Wednesday 11th June, 2025. At the appointed time, there was no appearance by the Complainant. I satisfied myself that the Complainant was on notice of the date, time and location of the hearing. I also made enquiries to ensure that no communication had been received on the morning of the hearing. I allowed 20 minutes for any late arrival.

In the circumstances, and in the absence of any direct evidence, I must conclude that the complaint is not well-founded.

As set out above, in all of the circumstances, I must conclude that the within complaint is not well-founded and I decide accordingly. 

Non appearance