ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ 45051
Parties:
| Worker | Employer |
Anonymised Parties | A Product Builder | A Company |
Representatives | Matthew Maguire BL instructed by Fachtna O'Driscoll Solicitors | Sophie Crosbie , Regional Manager IBEC |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00034993-006 | 03/03/2020 |
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Date of Hearing: 12 January 2021 ,24 September 2021 and 13 January 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 by me and to present to me any information relevant to the dispute.
Background:
The Worker made a complaint under section 13 of the Industrial Relations Act, 1969, where he stated that he had been summarily dismissed on 6 January, 2019 . The Employer has rejected the claim called for its dismissal considering the parallel claim under the Unfair Dismissals Act 1977. |
Summary of Workers Case:
Counsel for the Worker submitted that he had been summarily dismissed without warning at a probation review meeting. There were no disciplinary procedures adopted by the employer in a pre-judged dismissal. |
Summary of Employer’s Case:
The Employer denied the claim and contended that this matter had been adequately raised and addressed within the statutory framework of the claim for unfair dismissal. Ms Crosbie argued that it was a duplicate claim and should be dismissed. She added that the Worker had not advanced the claim as a dispute in Industrial Relations terms. |
Conclusions:
In conducting my investigation, I have considered all relevant submissions presented to me by the parties. I have already addressed this matter through direct evidence via the statutory framework in the claim for unfair dismissal.
I clarified at hearing the essence of this dispute and was referred by Counsel to the procedural framework surrounding the dismissal. I accept the Employer submissions that there is an overlap in this claim with that in the statutory claim for unfair dismissal. I have not found merit in the dispute as the essence of the dispute has been already channelled through the statutory framework of the complaint of unfair dismissal.
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I have not found merit in this dispute. I have addressed both parties stated positions in a separately titled statutory claim for unfair dismissal.
Dated: 25th April 2023
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Key Words:
Dismissal during a Probation Meeting |