ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: 00045848

Parties:

	Worker	Employer
Anonymised Parties	A Technician	An Employer

Representatives

Dispute(s):

Act	Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts	CA-00056288-001	25/04/2023

Workplace Relations Commission Adjudication Officer: Valerie Murtagh

Date of Hearing: 20/09/2023

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. The hearing was heard remotely, 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 worker was employed from 20 February 2023 until 21 April 2023. The dispute referred to the WRC relates to an alleged unfair dismissal submitted in accordance with the Industrial Relations Acts, in circumstances where the worker did not have the requisite 12 months service to refer a complaint in accordance with the provisions of the Unfair Dismissals Act, 1977.

Summary of Workers Case:

The worker states that he commenced employment with the employer on 20 February 2023 as a technician. The worker was paid €540 gross per week on the basis of a 40 hour week. He states that he did not receive terms and conditions of employment nor did he receive a contract of employment. The worker states that there were no issues regarding his work performance and that he carried out his duties diligently. The worker states that after 8 weeks he received a call from the manager on a Friday afternoon stating that work was slowing down and he would have to be let go. He was told not to come in on the following Monday. The worker states that only a few days later, the employer advertised positions on various outlets for the exact job that the worker had been carrying out. The worker feels very aggrieved by the manner in which he was treated. The worker states that he has applied for other work but has been unable to source alternative work to date.

Summary of Employer’s Case:

The employer did not engage with the WRC nor did it attend the hearing in relation to the within dispute.

Conclusions:

In conducting my investigation, I have taken into account all relevant submissions presented to me in relation to the within matter.

I find that the worker was not treated fairly by the employer. I note that he did not receive a statement on his terms of employment. I note that there were no performance related issues raised regarding his work and that his dismissal was devoid of any procedure. Based on the foregoing, I find that the worker was unfairly dismissed.

Recommendation:

Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.

I find in favour of the worker. I recommend that the employer pay the worker €2,500 in compensation.

Dated: 08/11/2023