ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054863
Parties:
| Complainant | Respondent |
Parties | Jennifer Donnelly | Pioneer Homecare Limited |
Representatives |
| Robin Hyde of Alastair Purdy & Co. Solicitors |
Complaints:
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-00066891-001 | 22/10/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00066891-002 | 22/10/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00066891-003 | 22/10/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00066891-004 | 22/10/2024 |
Date of Adjudication Hearing: 30/06/2026
Workplace Relations Commission Adjudication Officer: Monica Brennan
Procedure:
In accordance with section 41 of the Workplace Relations Act, 2015 and section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaints to me by the Director General, I gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complaint was received by the Director General of the Workplace Relations Commission (WRC) on 22 October 2024.
A hearing was scheduled for 11.30am on Tuesday 30 June 2026 in Lansdowne House, Ballsbridge, Dublin 4.
At the time the hearing was due to commence, it was apparent that there was no attendance by or on behalf of the Complainant. The Respondent was present and ready to proceed with the hearing. I took some time to ascertain if the Complainant was on notice of the date, time and venue of the hearing and waited some time to accommodate any late arrival. |
Summary of Complainant’s Case:
The Complainant did not attend the adjudication hearing and was not represented. Notice of the hearing arrangements was sent on 12 May 2026 to the email address provided by the Complainant on the complaint form. A representative had been on record for the Complainant at the relevant time. A letter dated 26 June 2026 was received from that representative stating as follows: We write in relation to the above matter, which is listed for hearing on 30 June 2026. Regrettably, despite repeated and extensive efforts over a prolonged period, we have been unable to make contact with our client, Ms Jennifer Donnelly. In those circumstances, we do not hold current instructions to advance this complaint, or otherwise deal with the proceedings on Ms Donnelly’s behalf as we have been unable to contact her. Accordingly, we are unable to properly continue to act in this matter and must, with regret, cease acting as representatives for Ms Donnelly. We would be grateful if the WRC records could be updated accordingly and if this correspondence could be placed before the Adjudication Officer in advance of the listed hearing. We apologise for the late stage at which this issue arises. The timing is a consequence of our ongoing efforts to contact Ms Donnelly and to obtain instructions in advance of the hearing. In the absence of any such instructions, we cannot properly advance the case any further. The complaint form was examined for alternative contact details for the Complainant. It was noted that the postal address, email and phone number provided were all for the Complainant’s then representative. An email issued from the WRC to the Complainant’s former representative on 29 June 2026. A request was made for confirmation that the hearing notification had been forwarded to the Complainant. The Complainant’s former representative replied that all contact had been lost with the Complainant and, despite all of their efforts, they were unable to contact her so were unable to furnish her with the notice. |
Summary of Respondent’s Case:
The Respondent attended the hearing and was ready to respond to the complaints. |
Findings and Conclusions:
In the particular circumstances of this case, the Commission has no current means of contacting the Complainant to notify her of the scheduled hearing date. As outlined above, efforts were made through the Complainant's former representative to establish contact with her in relation to this matter. Having reviewed the case file, I note that an address appears on a contract of employment furnished by the Respondent in advance of the hearing. However, this address was not provided by the Complainant and dates back a number of years. Accordingly, I have no basis for concluding that the Complainant continues to reside at that address. It is incumbent upon a complainant to keep the Commission informed of any changes to their contact details. I further note that this is the fifth hearing date that has been offered to the parties in respect of this complaint. In the circumstances, and given that the Complainant has not provided either her former representative or the Commission with up-to-date contact details that would enable further efforts to be made to contact her and reschedule the hearing, I have decided to conclude the matter by way of this written decision. In the absence of the Complainant's attendance, no evidence has been adduced in support of the complaints. Consequently, I find that the complaints are not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 also requires that I make a decision in relation to the unfair dismissal claim in accordance with section 7 of the 1977 Act.
For the reasons set out above, I find that the complaints are not well founded. |
Dated: 14th of August 2026.
Workplace Relations Commission Adjudication Officer: Monica Brennan
Key Words:
Non attendance |