ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: ADJ-00053029

	Worker	Employer
Anonymised Parties	A Worker	An Animal Charity

Representatives

self

Did not attend

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	CA-00064927	02/08/2023

Workplace Relations Commission Adjudication Officer: John Harraghy

Date of Hearing: 23/07/2024

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).

As this is a trade dispute under Section 13 of the Industrial Relations Act, 1969 the hearing took place in private, and the parties are not named. The parties are referred to as “the Worker” and “the Employer”. Section 13(9)(c) of the Act provides that hearings shall be heard in private and accordingly, I direct that any information that might identify the parties within this recommendation should not be published.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

The Worker’s complaint was received by the Workplace Relations Commission on 02/08/2023. The Employer was notified of the Worker’s complaint by letter dated 16/08/2023 and notified of their right under Section 36(1) of the Industrial Relations Act 1990, to object to an investigation of the dispute by an Adjudication Officer within 21 days. The Employer was informed that failure to reply within the period specified will be regarded as consent to an investigation by an Adjudication Officer under Section 13 of the Industrial Relations Act 1969, and the dispute proceeded to hearing.

I am satisfied that no objection to the investigation of this dispute by an Adjudication Officer was received by the Workplace Relations Commission from the Employer.

The Worker attended the hearing and represented herself. The Employer did not attend the hearing.

I explained at the outset the way the hearing would proceed, and I clarified the role of an Adjudication Officer in an Industrial Relations dispute. I clarified that it is a voluntary process and that no formal evidence is taken. In that context there are no findings of fact made. I also clarified there were no complaints under any employment rights statute or any matter of law before me in this specific referral. I explained that I would be seeking information during the hearing in order to gain an understanding of the full extent of the issues giving rise to this dispute. At the end of the hearing the Worker confirmed that she were satisfied that she was given an adequate opportunity to provide the hearing with all relevant information.

Background:

The Worker was employed by the respondent from 19/06/2023 until 06/07/2023.

The Worker made a complaint to the WRC that she was unfairly dismissed. As she did not have the required 12 months service under the Unfair Dismissals Act, the case defaulted to an industrial relations complaint. The Employer at that time did not object to the case proceeding under the industrial relations process.

Summary of Workers Case:

The Worker commenced employment with the respondent on 19/06/2023. On her third week of employment, she was offered a place on the Nursing Degree programme in Trinity College, Dublin. She spoke with the Employer and informed her that she was offered this place and that she wished to take it up. She was prepared to work weekends and other days with the Employer in order to keep their service going. The Worker told the hearing that the Employer gave her an ultimatum and stated that she had no place for her and was told not to come back if she was going to college. There was no further discussion in relation to this and the Worker complied with the Employer’s instruction. The Worker stated that she would have been available to work three days per week and this would have suited the Employer. However, the Employer was adamant that she could not continue working.

Summary of Employer’s Case:

The Employer did not attend the hearing. The Employer did not submit any objection to the case proceeding under the industrial relations process. Having reviewed the file I am satisfied that the Employer was informed of the date, time and venue of the hearing. No postponement application was received, and no information provided to explain the non-attendance.

Conclusions:

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

The Worker’s statements were uncontested as the Employer did not attend the hearing. The Worker stated that she was dismissed, and no reason given except to say that if she was attending college there was no place for her with the Employer. The Worker could see no reason for her dismissal except for the fact that she had successfully obtained a college placement. The fact that she could have worked for at least three days to keep the service viable was not considered by the Employer.

The Employer did not attend so I did not have any rebuttal of the Worker’s claim of unfair dismissal.

However, as there was no reason given to the Worker other that being told not to return it left her to speculate (rightly or wrongly) that the reason was solely linked to her college placement.

If the Employer had engaged with the Worker, then it would have been incumbent upon them to utilise some procedures in relation to this matter.

The Employer is found to have acted unreasonably in the circumstances, and I find in favour of the Worker.

In order to draw a line under the dispute, and recognising the voluntary nature of the Industrial Relations Act, I recommend the Employer offers the Worker the sum of €550 compensation in full and final settlement of this dispute.

Recommendation:

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

I recommend the Employer offers the Worker the sum of €550 compensation in full and final settlement of this dispute.

Dated: 12/08/2024

Workplace Relations Commission Adjudication Officer: John Harraghy

Key Words:

Unfair dismissal.