ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056510
Parties:
| Complainant | Respondent |
Anonymised Parties | Driver | Catering |
Representatives | No show | No Show |
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-00068748-001 | 21/01/2025 |
Date of Adjudication Hearing: 04/06/2025
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015 and/or Section 13 of the Industrial Relations Acts 1969following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The matters referred concerns a dismissal for allegedly using the company van for personal reasons. The Complainant’s contract ended after 2 months. On the complaint form he states that he never received his terms and conditions of employment, he was denied a fair hearing and that he was dismissed without any notice. The Complainant also states that they are exercising his right under the Carer’s Leave Act. |
Summary of Complainant’s Case:
The Complainant failed to attend. |
Summary of Respondent’s Case:
The Respondent failed to attend. |
Findings and Conclusions:
The Complainant was notified of the date, time and place of the hearing by electronic mail, and he had consented to being informed by electronic mail. As the Complainant has failed to attend, I must dismiss all complaints made against the Respondent. As the narrative of the Complaint form and the Statutory remedy being relied on are inconsistent I have exercised my discretion to anonymise the parties as the issues appear more linked to a trade dispute in contrast to an employment rights complaint. |
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.
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
The narrative in the complaint form would appear to relate to the above Acts. However, as the Complainant has failed to attend all complaints whether in the narrative of the form or ticked on the form as a specific statutory remedy are dismissed and deemed to be not well founded arising from the Complainant’s failure to attend at the hearing. |
Dated: 17th June 2025.
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
No show |