ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR – SC - 00003821
Parties:
| Worker | Employer |
Anonymised Parties | An Employee | A Single Nationality Retail Store |
Representatives | Self-Represented | Solicitors |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complainant seeking adjudication under Section 13 of the Industrial Relations Act, 1969 | IR – SC - 00003821 | 16/02/2025 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 23/09/2025
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:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The employee attended the hearing. The employer did not attend the hearing of this matter. The hearing was facilitated by an interpreter provided by the Workplace Relations Commission. |
Summary of Workers Case:
The worker submitted that she was unfairly dismissed by her employer due to her nationality and or language. The employee submitted that she worked for the employer for 5 weeks from early January 2025 until 6 February when her employment finished up. She stated that when she started everything was great but noted that when the shop opened up, all the other staff were of a similar nationality, she was the only one who was not. She stated that they singled her out. She stated that she was required to work every week including weekends. She stated that she never received her terms and conditions in writing. She stated that she was fired on 31 January but continued to work for them for a number of days. |
Summary of Employer’s Case:
The employer or their representatives did not attend the hearing of this matter. The representative wrote into the WRC in the days prior to the hearing to indicate that they were withdrawing their consent to an adjudication of this matter. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The employer did not object to the holding of the investigation into this matter within the timeframe provided when it was originally notified of this dispute, therefore the hearing went ahead as notified to the parties. The employee gave evidence of having been treated differently by the respondent on the grounds of her nationality and that she was unfairly dismissed on that basis. The employer did not attend to the hearing to rebut the complainant’s assertions. In the circumstances where the employer has not rebutted the assertions of the employee, I find that the employees account is credible. |
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 employee the sum of €2500 by way of compensation for her unfair dismissal.
Dated: 05/12/2025
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Industrial relations Act – allegation of unfair dismissal – no rebuttal evidence provided – recommendation of award of compensation |