ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00032902
Parties:
| Complainant | Respondent |
Parties | Rhys Ó Lochlainn | Kevin Mullan |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Nonattendance | Self-Represented |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00043575-001 | 13/04/2021 |
Date of Adjudication Hearing: 29/05/2025
Workplace Relations Commission Adjudication Officer: Conor Stokes
Procedure:
In accordance with Section 8 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:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The WRC arranged for the attendance of a Irish-language interpreter in accordance with the complainant’s wishes. The complainant did not attend the hearing of this matter. The respondent and a witness attended the hearing. The start of the hearing was paused for 15 minutes to all for the attendance of the complainant or to allow him to contact the WRC. In the absence of his attendance or contact, the hearing formally opened and then closed. The attendance of members of the public was facilitated at this hearing. |
Summary of Respondent’s Case:
The respondent and a witness attended the hearing. |
Summary of Complainant’s Case:
The complainant did not attend the hearing of this matter. |
Findings and Conclusions:
As the complainant did not attend the hearing of this matter, no evidence was presented to me in support of this claim. The complainant was in contact with the WRC before the hearing to request the assistance of an Irish-language interpreter, so I am satisfied that he was aware of the arrangements for the hearing. The complainant has offered no explanation for their absence. Having regard to the nonattendance of the complaint, he has not established any facts in support of his complaint. Accordingly, I find that the complainant was not unfairly dismissed. |
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.
Having regard to the nonattendance of the complainant at the hearing of this claim, my decision is that the complainant was not unfairly dismissed. |
Dated: 3rd June 2025
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Unfair dismissal – nonattendance of complainant – no evidence in support of claim – complainant not unfairly dismissed |