Worker

Employer

Anonymised Parties

A Worker

An Employer

Representatives

The Worker did not attend and was not represented at hearing. 

Self-Represented

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00003613

05/01/2025

This matter came before the WRC dated 05/01/2025 as a complaint seeking adjudication by the WRC under section 13 of the Industrial Relations Act, 1969.

The specific complaint falls under Unfair Dismissal.   The Worker claims he was unfairly dismissed, and he does not have at least 12 months service.  The aforesaid dispute was referred to me for investigation.  A hearing for that purpose was scheduled to take place on 20/06/2025.

Having waited a reasonable period of the time on the day, there was no appearance by or on behalf of the Worker.  I am satisfied the Worker was duly notified of the details of the hearing.  The Worker did not attend.  A postponement had not been sought. 

The Worker has not availed himself of the considerable resources put at his disposal by the Workplace Relations Commission including the hiring of an interpreter at his request. 

Furthermore, the Worker’s non-appearance at hearing represents a level of discourtesy to the Commission that is unacceptable and which has also put the Employer to avoidable cost and to the inconvenience of attending at hearing unnecessarily.  

The Worker did not attend the hearing to pursue his claim. 

The Employer’s QA/HR Manager attended the hearing together with the Compliance Officer. 

There was no appearance by the Worker at the adjudication hearing.  I am satisfied the Worker was notified in writing of the date, time and place at which the hearing to investigate the complaint and dispute would be held.  There was no application for a postponement submitted in the weeks or days preceding the hearing. 

As of the date of this recommendation there has been no further communication received from or on behalf of the Worker. 

I note the Labour Court recommendation in Health Service Executive v.  A Worker [LCR 22637].   This claim was referred to the Court by a Worker under Section 20(1) of the Industrial Relations Act 1969.

The Court considered the implications of the non-appearance by the worker at hearing and concluded:

 “In circumstances, where the Worker and her representative failed to attend the hearing, the complaint fails due to her failure to pursue her claim. The Court recommends that the issue be regarded as closed.”

As the Worker did not attend the hearing as scheduled I cannot bring my investigation any further.

The claim has fallen as the Worker did not attend the hearing to pursue his claim.

I conclude that the matter is closed.

Non-appearance by Worker;