ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR – SC 00002419
Parties:
| Worker | Employer |
Anonymised Parties | An employee | An employer |
Representatives |
|
|
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 00002419 | 27/03/2024 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 10/09/2024
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:
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. |
Summary of Workers Case:
The worker submitted that her employment was terminated with less than one month’s service and that she was unfairly dismissed. She stated that the employer did not follow any , or any proper procedures in relation to this dismissal. |
Summary of Employer’s Case:
The employer submitted that there was a systematic build-up of issues with the worker resulting in violent behaviour. This resulted in summary dismissal as she was physically aggressive and verbally abusive. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The employer put it to the work that from the outset her behaviour was erratic, confrontational and combative, she responded that there was no evidence of that and refuted the allegations of bad behaviour and the incident of pen throwing. Having considered the matters presented, it appears obvious that the employment relationship did not get off to a good start for various suggested reasons. An employer is entitled to retain the right to decide during the first few weeks if the relationship is not working out, however, it would be useful to lay down a procedure covering the expected behaviour of new staff, and the result of not carrying one’s self in a professional manner. |
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 lay down a procedure covering the expected behaviour of new staff, and the result of not behaving in a professional manner
Dated: 13th June 2025.
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
IR dispute – summary dismissal – recommendation to document procedure |