ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00055643

Parties:

Complaints:

Date of Adjudication Hearing:  02/05/2025

Workplace Relations Commission Adjudication Officer:  Aideen Collard

Procedure:

These complaints were referred under Section 41 of the Workplace Relations Act 2015 to the Workplace Relations Commission (hereinafter ‘WRC’) on 27th November 2024.  Following delegation to me by the Director General, I inquired into these complaints and gave the Parties an opportunity to be heard and to present any relevant evidence.  These complaints were listed for hearing on 2nd May 2025 in Lansdowne House at 2pm.  The Respondent was in attendance but there was no appearance by or on behalf of the Complainant.  WRC Administration called the Complainant and there was no answer.  The Complainant returned the call stating that he was in hospital and had emailed the WRC.  He undertook to provide vouching of his attendance in hospital if a further hearing date was required.  The Adjudication Officer then became aware of his email sent at 2.02pm to WRC Postponements on the same date stating as follows:

“I am very sorry but I cannot attend today, I would hope that there is a possibility to reschedule..  I have received an urgent call and unfortunately I had to turn back and make my way to Connolly hospital in blanchardstown regarding a family member.  I will be able to provide some proof if needed for a rescheduled hearing.”

Upon hearing nothing further from the Complainant, on my instruction, the WRC wrote to the Complainant by letter dated 19th May 2025 which was sent by email and stated as follows: “The Adjudication Officer has asked me to write to you on foot of your email received just before the scheduled hearing on 2nd May 2025 indicating that you could not attend as you had to divert to hospital to attend to a family member.  In order to consider any request for a new hearing date, vouching of the emergency is required if you could kindly email same to pru@workplacerelations.ie within 7 days of the date hereof.  Failing same, a 'no show' decision may issue in due course.  Please note that the respondent has also been copied on this email.”

Having heard nothing further from the Complainant, on my instruction, the WRC wrote to the Complainant by way of registered post allowing a final seven-day period to provide vouching for his non-attendance at the hearing and to request a further hearing date.  The letter warned that unless he reverted within that period, a ‘no show’ decision would issue dismissing his complaints for non-pursuit.  The letter was posted on 20th June 2025 and confirmed as delivered on 23rd June 2025 at 11.41.  In circumstances where there has been no contact from the Complainant within the period granted, I have proceeded to issue my decision.

Summary of Complainant’s Case:

There was no attendance by or on behalf of the Complainant to pursue these complaints.

Summary of Respondent’s Case:

The Head of HR was in attendance at the hearing on behalf of the Respondent.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to these complaints in accordance with the requisite statutory provisions.  Parties are required to attend the hearing of their complaints before the WRC to pursue/rebut same.  I find the Complainant’s non-attendance at this hearing to pursue his complaint without vouching or requesting a further hearing date to be unreasonable and constitutes an abandonment of same.  Accordingly, I find these complaints not to be well-founded.

Dated: 14th of July 2025

Workplace Relations Commission Adjudication Officer:  Aideen Collard