ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003141
Parties:
| Worker | Employer |
Anonymised Parties | A waiter | A restaurant |
Representatives | In person | 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 | IR - SC - 00003141 | 13/09/2024 |
Workplace Relations Commission Adjudication Officer: Jim Dolan
Date of Hearing: 21/03/2025
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:
The worker was employed by the employer from 8th April 2024 until 29th April 2024. This complaint was received by the Workplace Relations Commission on 13th September 2024. |
Summary of Workers Case:
IR - SC – 00003141 The worker contends that she was unfairly dismissed and does not have 12 months service with the employer. The worker commenced employment as a waiter in the employer’s restaurant on 8th April 2024 and worked in the restaurant for a period of two weeks. On week number 3 she was sent to work in another restaurant and was issued with no hours of work after this third week. On 29th April 2024 the worker received a text message to her phone advising her that her employer was sorry and could not provide any more work hours for the worker. This text message was sent by a member of the employer’s management. |
Summary of Employer’s Case:
By letter dated 27th January 2025 the respondent was notified of the forthcoming hearing for this complaint. Said letter contained information on the date, time and venue for this hearing. There was no appearance by or on behalf of the respondent. I am satisfied that the respondent received proper notice of the hearing. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The worker was dismissed by the employer. The worker did not receive fair procedures and /or natural justice.
I recommend in favour of the worker and recommend that the employer pays compensation to the worker of €1,734.00 (four weeks pay). Such sum should be paid within 42 days from the date of this recommendation.
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend in favour of the worker and recommend that the employer pays compensation to the worker of €1,734.00 (four weeks’ pay). Such sum should be paid within 42 days from the date of this recommendation.
Dated: 13-08-25
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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