ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ 49241
| Worker | Employer |
Anonymised Parties | A Sales Assistant | A Café/Restaurant |
Representatives |
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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 | CA0057826-005 | 20/07/2023 |
Workplace Relations Commission Adjudication Officer: Breiffni O’Neill
Date of Hearing:
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.
Both the Worker as well as the Employer attended the hearing and gave evidence in relation to the matter.
Background:
The Worker stated that he was asked by the Employer to come in for a meeting on 17 July 2023 wherein he was told, without having received any prior warning, that he was being dismissed. |
Summary of Workers Case:
The Worker stated that he was asked by the Employer to come in for a meeting on 17 July 2023 when he was on his day off. He stated that he was told at this meeting that he was being dismissed. He further asserted had no previous forewarning of this and it came as a huge shock to him. |
Summary of Employer’s Case:
The Employer did not dispute the Worker’s version of events in relation to the dismissal. |
Conclusions:
Having heard the evidence from both sides, it is clear that the dismissal of the worker did not accord with either the principles of natural justice or with statutory instrument No. 146/2000 - Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order, 2000. There is an obligation upon an employer to treat an employee fairly and reasonably. This is particularly so when a matter arises in the employment which might lead to the dismissal of the worker. In all of the circumstances, I recommend that the employer compensate the worker for the treatment he endured around the termination of her employment. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the Employer pay the Worker compensation in the amount of €180 (1 weeks’ pay) in full and final settlement of this dispute.
Dated: 14th of March 2024
Workplace Relations Commission Adjudication Officer:
Key Words:
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