ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ 00040353
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | A Bar/Restaurant |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Section 13 of the Industrial Relations Act 1969 | CA-00051643-001 | 11/07/22 |
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Date of Hearing: 27/02/2023
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard and to present any information relevant to the dispute. The hearing took place in the Hearing Room, Workplace Relations Commission, O’Brien Road, Carlow. The worker attended the hearing. The employer did not attend the hearing.
Background:
The worker undertook a trial workday with the employer on 14th June 2022 in the bar/restaurant. He was then offered a job and was requested to work on 24th June 2022. On 24th June, he worked a shift from 2pm to 10pm. The worker received a text message from the employer the next day, which stated that they were no longer going to continue with his employment. The worker sought reasons verbally and then in writing as to why his employment had been terminated. He did not receive a response. The worker referred the complaint to the Workplace Relations Commission on 11th July 2022. |
Summary of Workers Case:
The worker set out a chronology of the events from 7th June 2022 when he met the manager for an interview, up to 11th July 2022, when the complaint was submitted to the Workplace Relations Commission. He submitted that he was not given any reason for the termination of his employment. He contacted the employer and received no response. He had given up his previous job to undertake this new job. He was able to return to his old job after 5 weeks of having his job terminated. He outlined that he had incurred expenses by purchasing clothing and shoes once he had been offered the job. |
Summary of Employer’s Case:
The employer did not attend the hearing. I am satisfied that the employer received notice of the hearing details. |
Conclusions:
In conducting my investigation, I have considered all the relevant facts of the case. An employer is required to act fairly and to give reasons for the ending of an employee’s employment. The worker had already worked a trial day on 14th June 2022, before being offered employment. He had left his old job and incurred expense to be ready to take up his new job. I recommend that the employer pay €300 compensation to the worker. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the employer pay €300 compensation to the worker.
Dated: 06-04-2023
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Termination, No Reason |