ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00046781
Parties:
| Worker | Employer |
Anonymised Parties | A Sales Manager | Service Provider |
Representatives | John O' Keeffe John O' Keeffe & Co. Solicitors | Thomas Dowling Hogan Dowling McNamara Solicitors LLP |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Section 13 of the Industrial Relations Act, 1969. | CA-00057761 | 30th January 2023 |
Workplace Relations Commission Adjudication Officer: Roger McGrath
Date of Hearing: 23/05/2023
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.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
Background:
The Complainant commenced employment with the Respondent in October 2022, as National Sales Manager. His employment ended in November 2022. A complaint was received by the WRC in January 2023. In advance of the hearing correspondence was received by the WRC from an accountant company stating that they had been appointed as Liquidator to the Respondent Company in March 2023.
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Summary of Workers Case:
The Worker stated that after only six weeks in his job he was called in by his manager and was told he was being let go without any warning or process. The Worker got work, albeit on a lower salary, in February 2023. |
Summary of Employer’s Case:
Neither the Employer nor the Liquidator attended the hearing. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
I find this was an unfair dismissal. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the Liquidator pay the Worker an amount of €1,000 as compensation for the manner in which the Workers employment was ended.
Dated: 1st August 2023
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Unfair dismissal |