ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00057152
Parties:
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| Complainant | Respondent |
Anonymised Parties | A Carer | An Employer |
Representatives |
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Complaint:
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-00069530-001 | 20/01/2025 |
Date of Adjudication Hearing: 18/08/2025
Workplace Relations Commission Adjudication Officer: Louise Boyle
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 – 2015following 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. Parties were advised in advance of the hearing that following the delivery of a judgement of the Supreme Court in Zalewski v Adjudication Officer and WRC, Ireland and the Attorney General [2021] IESC 24 that the hearing would be held in public, that an Adjudication Officer may take evidence under oath or affirmation and reminded that cross examination was permitted. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020, which designated the Workplace Relations Commission as a body empowered to hold remote hearings. Where submissions were received, they were exchanged. The complainant did not attend the hearing. The respondent was in attendance.
Background:
The complainant did not attend the hearing and submits that she was unfairly dismissed. |
Summary of Complainant’s Case:
The complainant did not attend the hearing.
The complainant submits on her complaint form that she was unfairly dismissed by the respondent. |
Summary of Respondent’s Case:
The respondent denies the complaint and requested the decision be anonymised owing to the health issues of person(s) under the care of the complainant. |
Findings and Conclusions:
A complaint was received by the Director General of the Workplace Relations Commission from the complainant on 30/01/2025 alleging contravention of the Acts. The said complaint was referred to me for investigation. A hearing for that purpose was held 18/08/2025 and there was no appearance by the complainant.
WRC hearings involving the administration of justice (that is all WRC cases save for those for disputes under s.13 Industrial Relations Act 1969), are conducted in public unless the relevant Adjudication Officer decides, of their own motion, or following an application from a party to the proceedings, that due to the existence of ‘special circumstances’, the proceedings should be conducted in private. ‘Special circumstances may include the following non-exhaustive list: cases involving a minor; circumstances where a party has a disability or medical condition, which they do not wish to be revealed; cases involving issues of a sensitive nature such as sexual harassment complaints etc. Having considered all the submissions including the vulnerability and medical condition of clients cared for by the complainant, I have made the decision to anonymise the decision.
I am satisfied that the said complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held and did not attend. In the circumstances, 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.
In the circumstances, I find that the complainant was not unfairly dismissed. |
Dated: 02/09/2025
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Dismissal, carer, clients, complainant did not attend, anonymise |