ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00042861
Parties:
| Worker | Employer |
Anonymised Parties | Area Customer Developer | Drinks Manufacturer |
Representatives | Colleen Minihane SIPTU | Ms. Sara Jane Walsh BL instructed by McCann Fitzgerald Solicitors |
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-00045040-001 | 05/07/2021 |
Workplace Relations Commission Adjudication Officer: Thomas O'Driscoll
Date of Hearing:
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 hearing was held in conjunction with a hearing under section 8 of the Unfair Dismissals Act 1977, as amended, which dealt with the dismissal that is at issue in this dispute.
Background:
The Worker was an employee of the Respondent from 16 November 2000 until he was dismissed on 4 September 2020. The Employer is a drinks manufacturer, and the Worker was engaged as an Area Customer Developer on a salary of €39,600 per annum. The Worker claims he was unfairly dismissed which was denied by the Employer. |
Summary of Workers Case:
The Worker claims he was dismissed for allegedly submitting false information while covering a colleague's route. The Worker contends that the investigation process engaged in by the Employer was flawed and the decision to summarily dismiss, was excessive in all the circumstances. |
Summary of Employer’s Case:
The Employer submits that the investigation, disciplinary and appeal process was fair at all stages and that the decision to dismiss was proportionate and warranted. |
Conclusions:
I have issued a decision on the unfair dismissal claim under section 8 of the Unfair Dismissals Act 1977, (the Act) as amended and I note that no added information nor submission was made by either party in this dispute.
Section 10 of the Act provides:
(a) A dispute referring to a dismissal shall not be referred to an adjudication officer under the Industrial Relations Acts 1946 to 2019 if, in relation to the dismissal— (i) a recommendation has been made by a rights commissioner under this Act, or a hearing by the Tribunal under this Act has commenced, (ii) a decision (other than a decision consisting of a dismissal of the claim concerned) has been made by an adjudication officer under this Act,
As the dismissal at issue is one where I have decided under the Act, I recommend that both parties would accept that decision.
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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 decided in the dismissal at issue under Section 8 of the Unfair Dismissals Act 1977, therefore I recommend that both parties accept that decision.
Dated: 17th January, 2023
Workplace Relations Commission Adjudication Officer: Thomas O'Driscoll
Key Words:
Section 10 of the Unfair Dismissals Act 1977, as amended. |