ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: ADJ 46567

Parties:

	Worker	Employer
Anonymised Parties	A restaurant worker	A restaurant

Representatives

Self-represented

Dispute:

Act	Dispute Reference No.	Date of Receipt
Dispute to the Workplace Relations Commission pursuant to section 13 of the Industrial Relations Act		08/03/2022

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Date of Hearing: 12/04/2023

Procedure:

On the 8th March 2022, the worker submitted this dispute to the Workplace Relations Commission. It was scheduled for adjudication on the 12th April 2023.

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.

Summary of Workers Case:

The worker outlined that she was dismissed following her request to take annual leave. The employer informed her that it would not agree to paid annual leave as she was only working for it for 8 months.

In November 2021, the worker asked to take annual leave to travel home for Christmas. The employer said that it would not approve paid annual leave. She travelled home in December 2021. The employer messaged to say that her job was gone. This was an unfair dismissal as she was dismissed for standing up for her rights.

Summary of Employer’s Case:

The employer denied that the worker was dismissed for asking to take annual leave. The worker was dismissed following an incident in the restaurant involving her husband and his behaviour.

Conclusions:

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. I find that the employment was terminated in the circumstances described by the worker. She sought annual leave, and this caused the termination of her employment. I note the messages exchanged by the parties. Even if the employer was relying on a business need to decline the leave (Christmas), it ought to have followed a process. The complainant was, therefore, unfairly treated. I recommend that the employer pay to the worker €800 as recognition of this unfairness.

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 to the worker €800 in recognition of the circumstances the employment ended.

Dated: 12/07/2023