ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00051221
Parties:
| Complainant | Respondent |
Parties | Serpil Askar | Gray & Co. Grocery Limited |
Representatives | No Appearance | No Appearance |
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-00062507-001 | 29/03/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act 1997 | CA-00062507-002 | 29/03/2024 |
Date of Adjudication Hearing: 03/09/2025
Workplace Relations Commission Adjudication Officer: Christina Ryan
Procedure:
In accordance with Section 41 of the Workplace Relations Act 2015 and/or Section 8 of the Unfair Dismissals Acts 1977 as amended, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
This matter was heard by way of a remote hearing on the 3rd September 2025 pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.
Summary of Complainant’s Case:
The Complainant did not attend the scheduled hearing of this complaint on the 3rd September 2025. Notice of the remote hearing arrangements was sent to the Complainant on the 30th July 2025. The Webex link for the hearing was emailed to the Complainant on the 2nd September 2025. No explanation for the Complainant’s non-attendance at the hearing has been received by the WRC. |
Summary of Respondent’s Case:
The Respondent did not attend the scheduled hearing of this complaint on the 3rd September 2025. Notice of the remote hearing arrangements was sent to the Respondent on the 30th July 2025. The Webex link for the hearing was emailed to the Respondent on the 2nd September 2025. No explanation for the Complainant’s non-attendance at the hearing has been received by the WRC. |
Findings and Conclusions:
Complaints pursuant to the Unfair Dismissals Act 1977 (as amended) and the Organisation of Working Time Act 1997 were received by the WRC on the 29th March 2024. The said complaints were referred to me for investigation. A hearing for that purpose was scheduled for the 25th June 2024. The Complainant and the Respondent were in attendance however no evidence was heard on that date and the matter was rescheduled for hearing. There was no attendance by either party at the hearing on the 3rd September 2025. I am satisfied that the parties were informed in writing of the date, time and place at which the hearing to investigate the complaints would be held. In the circumstances and in the absence of direct evidence, I must conclude that the complaint is not well-founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint 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.
For the reasons given above, I find that the complaints are not well-founded and I decide accordingly. |
Dated: 08-09-2025
Workplace Relations Commission Adjudication Officer: Christina Ryan
Key Words:
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