ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ - 00051780
Parties:
| Worker | Employer |
Anonymised Parties | A Security Guard | A Management Services Company |
Representatives | Conor McGrave, Setanta Solicitors | 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-000 | 30/11/2023 |
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Date of Hearing: 19 March 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 within dispute is linked to that of ADJ 00051781. The worker states that he was engaged by a the employer in the within claim but received his payslips from another company (ADJ 00051781) which has links to the employer in the within matter. |
Summary of Workers Case:
The worker was employed by the employer as a security guard in or around 5 October 2022. He states that his employment was terminated in or around 10 June 2023 without any procedure being applied. The worker states that he tried on a number of occasions to contact the employer but the company ceased contact with him and would not respond to his queries. The worker’s employment with the employer was deemed to be terminated. The worker did not receive any notification of his termination. He states that he did not receive an explanation for his termination nor was he afforded any procedure with regard to his termination. The worker is seeking redress for his dismissal under the Industrial Relations Act. |
Summary of Employer’s Case:
The employer did not engage with the WRC and did not attend the hearing. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
Having reviewed the information presented in the within dispute, I find that the worker was not treated fairly by the employer. I conclude that the worker’s dismissal in June 2023 was unfair and was lacking in any fair procedure. I am satisfied that the worker was not afforded fair procedures in accordance with the Code of Practice on Grievance and Disciplinary Procedures (S.I. 146 of 2000). I find in favour of the worker. I recommend that the employer pays the worker compensation in the amount of €3000. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I find that the within dispute is well founded. I recommend that the employer pays the worker compensation in the amount of €3000.
Dated: 6th June 2024
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Key Words:
Industrial Relations Act |