ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003591
Parties:
| Worker | Employer |
Anonymised Parties | A Driver | A Delivery Company |
Representatives |
|
|
Dispute
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 - 00003591 | 20/12/2024 |
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Date of Hearing: 20/08/2025
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 was a delivery driver who commenced employment with the Employer on 19 November 2024 earning an hourly wage of €12.70. It was his complaint that he was unfairly dismissed from this employment. |
Summary of Workers Case:
The Worker was required to continue his driving duties despite the Red Weather Warning issued in respect of Storm Darragh in December 2024. When he returned to the base that evening with a number of undelivered parcels, he was subjected to verbal abuse from a colleague in the presence of the Employer. In response, the Employer told him they would “start again and move forward.” However, when he returned to work on the following Monday, his colleague again shouted at him about the undelivered packages. At that point, the Employer told him that “things were not working out” and dismissed him without regard to any fair procedures. |
Summary of Employer’s Case:
The Employer consented to the hearing of the dispute by the Workplace Relations Commission. There was no appearance by or on behalf of the Employer at the scheduled hearing on 4 June 2025. A further opportunity to attend was provided at a second hearing on 20 August 2025. Attempts were made to contact the Employer on both occasions, both on the hearing dates and the preceding days. The Employer stated he was “too busy” to attend on 20 August 2025. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the Worker.
The Worker advised that he was not provided with a contract of employment or a handbook containing grievance or disciplinary procedures. It is clear that the Employer had no regard for the Industrial Relations Act 1990 Code of Practice on Grievance and Disciplinary Procedures (Declaration) Order 2000 in effecting what was essentially a summary dismissal. Having regard to the difficulties faced by the Worker in driving during a Met Éireann, issued Red Weather Warning, yet this being the core reason for his dismissal, without any regard for fair procedures, I find that the Worker was unfairly dismissed. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I find the Worker was unfairly dismissed.
For the reasons outlined above, I am recommending that the Employer pay the Worker compensation in the sum of €1000.
Dated: 21-08-2025
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
IR – Unfair Dismissal |