ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00001159
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | A Hospitality industry employer |
Representatives | Self-represented | Nonattendance |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00001159 | 10/03/2023 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 12/09/2023
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).
Background:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The employer did not show up for the hearing although he was aware of the details of the hearing. |
Summary of Workers Case:
The worker was working on Saturday 4 March 2023 when a colleague asked him if he could finish early and swap for the following day when he could go early. On the Sunday the worker asked the assistant manager who said it was OK. The worker brought out the kegs as instructed and left for home. When he arrived home the worker had a number of missed calls on his phone and a text from his manager which he felt came across as very rude. He rang the manager who instructed him to return to work as it was busy, and he said he would come back to which the manager replied yeah you will come back. When he came back, he told the manager that he felt he was being rude but started to work behind the bar. The manager told him to grab his jacket and leave and indicated that he’s no longer employed there. The worker noted that he was not given verbal or written warnings and was dismissed on the spot. Three days later he sought a statement of reasons why he was dismissed from the business owner but has not received any. In his testimony the worker noted that he spoke to the owner but when he indicated that he was being left with no choice but to take a case to the WRC, the owner said that this wouldn't go down with other employers in the area if he took a case to the WRC. The worker also noted that there was money due to him which was not paid. The worker noted that this situation was unfair, and he wouldn't like to see anyone else treated in a similar fashion in the future. |
Summary of Employer’s Case:
The employer did not attend the hearing of this matter |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The issue of outstanding unpaid wages and or holiday pay was not raised in the original industrial relations complaint. It was noted that the hearing was concerned with the Industrial Relations complaint and not with Employment Rights which would be the more appropriate avenue for pursuing payment of wages complaints. From the testimony of the worker, it seems that he was dismissed without any procedures being followed and without any paperwork being given to him. It also appears that there were references made by the business owner to negative consequences on the workers job prospects from seeking the assistance of the WRC. In the circumstances the worker found it quite difficult to get alternative part time employment. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
Having considered the matters raise in the written submission and oral testimony, I recommend that the employer introduce procedures for disciplinary matters and dismissals. I recommend that these procedures be circulated to all employees at the start of their employment.
I recommend that the employer pay the worker the sum of €1000 by way of compensation for the manner in which he was treated.
Dated: 13-09-2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Industrial Relations – dismissal – recommend written procedures – recommend compensation |