ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: ADJ-00041333

Parties:

	Worker	Employer
Anonymised Parties	A kitchen worker	A hotel

Representatives

No appearance

David Gaffney, Solicitor of Padraig J. Sheehan Solicitors

Dispute:

Act	Dispute Reference No.	Date of Receipt
s. 13 Industrial Relations Act 1969 (as amended)	CA-00053174-001	9/10/2022

Workplace Relations Commission Adjudication Officer: Lefre de Burgh

Date of Hearing: 05/06/2024

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.

Background:

The Worker alleges that he was constructively dismissed. As he had less than 12 months’ service, the matter was referred in, under s. 13 of the Industrial Relations Act 1969.

Summary of Worker’s Case:

The Worker did not attend the hearing and was not represented.

Summary of Employer’s Case:

The Employer attended the hearing and was represented.

The Employer clarified its correct legal name, at hearing.

Conclusions:

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

The complaint was received by the Director General of the Workplace Relations commission on 9th October 2022 whereby the Worker alleged that he was subject to behaviour by his former employer which amounted to constructive dismissal. The complaint was assigned the complaint application number CA-00053174-001.

The said complaint was referred to me for investigation. A hearing for that purpose was arranged for 5th June 2024. There was no appearance by or on behalf of the Worker at the hearing.

I have amended the Respondent’s name on my Recommendation, in line with the Respondent’s clarification, at hearing.

Recommendation:

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

I do not recommend in favour of the Worker.

Dated: 2nd July 2024

Workplace Relations Commission Adjudication Officer: Lefre de Burgh

Key Words:

Unfair Dismissal;