ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00042813
Parties:
| Complainant | Respondent |
Anonymised Parties | A painter | A painting company |
Representatives |
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Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00045675-007 | 16/08/2021 |
Date of Adjudication Hearing: 20 September 2022.
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following 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 evidence relevant to the dispute.
The matter was heard by way of a hybrid hearing on 20 September 2022, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.
Background:
The Complainant commenced employment with the Respondent on 20 October 2020. His employment ended on 11 December 2020. He worked 40 hours per week and was paid €650 per week. Complaints were received by the WRC on 16 August 2021. A hearing of the complaints took place on 20 September 2022.
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Summary of Worker’s Case:
The worker is claiming he was unfairly dismissed. He does not have 12 months service. The worker stated that his employer had suddenly stopped paying him and was very aggressive towards him in the period leading up to his dismissal on 11 December 2020. The worker was to “go get your rights.” The worker felt he was being abused. When this happened, he decided to leave.
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Summary of Employer’s Case:
The employer stated that the worker demanded he be paid in cash and he was told that this was not possible. When the worker was told this, he left the employer’s employment.
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Findings and Conclusions:
I find there was insufficient evidence to support the worker’s case that he was unfairly dismissed.
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Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
The worker was not unfairly dismissed; therefore I have no recommendation to make. |
Dated: 18/01/2023
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
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