ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003611
Parties:
| Worker | Employer |
Anonymised Parties | An employee | A Fast Food outlet |
Representatives | Self-represented | Represented by Accountant |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Industrial Relations Act 1969 | IR - SC - 00003611 | 02/01/2025 |
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Date of Hearing: 30/09/2025
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 claims he was unfairly dismissed from his employment.
Summary of Workers Case:
The Worker was employed from 21 January 2024 to 8 December 2024. He worked 6 days a week and was paid €700. He was told by the Respondent’s wife on 8 December 2024 that he was no longer required to work there, and others had been recruited and would be trained in the following week.
Summary of Employer’s Case:
The Employer’s wife tried to find out if the Worker and his wife would work for her in December 2024. She was concerned they would leave so she hired in two more staff. She did not dismiss the Worker. She told him he need not come into work while the two were being trained. The Worker left the job and left the accommodation the same week.
Conclusions:
There were some conflicting scenarios put forward in this case. I note the Employer told the Worker not to come in to work so therefore it could be reasonably deduced that he was fired from his job without process or explanation. Statutory Instrument S.I. 146/2000 outlines for Employers the basic procedures in respect of a situation where the employee may be dismissed from employment. In this case, no process was observed, and I conclude 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 recommend that to make some recompense for the Worker having been let go from his employment without process, the Employer should pay to him the sum of €1,400 compensation.
Dated: 05/12/2025
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Recommend compensation for dismissal without due process |
