ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR – SC - 00003096
Parties:
| Worker | Employer |
Anonymised Parties | An employee | A Landscaping firm |
Representatives | Self-represented | Andrea Montanelli Peninsula Business Services Ireland |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complainant seeking adjudication under Section 13 of the Industrial Relations Act | IR – SC - 00003096 | 05/09/2024 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 04/02/2025
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 employer’s representative indicated in advance of the hearing that the respondent would not be engaging with the process. No-one attended the hearing on behalf of the employer. |
Summary of Workers Case:
The worker stated that he was working as a foreman for the employer for 10 months. He was dismissed without warning on a Monday afternoon, 26 August 2024. He said he was told that they were letting him go as they had received a complaint about him. He said that they never made him aware of the complaint and did not reply to his emails seeking reasons why he was let go. He stated that he has been trying to get alternative work but despite sending out more than 50 emails for vacant positions he has been unsuccessful in obtaining another position. He confirmed that he was paid €17.50 an hour for an average 40 hour week. He stated that this was out of the blue and he had no issues with anybody. |
Summary of Employer’s Case:
No-one attended the hearing on behalf of the employer. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The worker was dismissed without reason or notification. He was earning €700 per week. I am satisfied that he has made efforts to secure alternative employment. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
Having regard to all the arguments put forward in relation to this case, my recommendation is that the employer pay the worker compensation in the amount of €18,200
Dated: 7th February 2025
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
IR complaint – non engagement by employer – recommendation of monetary award |