ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002936
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | A Café/Restaurant |
Representatives |
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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, 1969 | IR - SC - 00002936 | 31/07/2024 |
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Date of Hearing: 01/11/2024
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.
Specifically, I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings
Background:
The Worker stated that she began her employment as a Waitress on 1 July 2024 and was paid €12.70 per hour. She alleged that she was bullied by the Employer over the course of her employment. |
Summary of Worker’s Case:
The Worker stated that the Employer repeatedly yelled at her and humiliated her over the course of her employment. The Employer also told other employees behind her back that she was crazy, abnormal and stupid. In addition, she stated that the Employer treated her very badly when she went into work even though she was sick. She stated that she was dismissed by the Employer on 22 July 2024 and that when she came into the restaurant to get her salary, the Employer started shouting at her and used obscene language. |
Summary of Employer’s Case:
The Employer stated that she had ongoing difficulties with the Worker from the start of her employment and alleged that she found her to be disrespectful and rude. She also stated that there were issues with poor communication from the Worker when she was on sick leave. She further alleged that the Worker had difficulties with the contract provided to her and that she left her employment because she was starting at university. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
I note that the Worker’s contract of employment stated that:
“If you have any grievance in relation to your employment, you should raise it with your manager orally or in writing. For further details of your grievance procedure applicable to your employment, you should refer to the Company grievance policy, a copy of which is available on request”
It is clear therefore that the Worker should have used the grievance procedure in the contract to address her individual issues.
Given that the long-standing position of the WRC is that any dispute should be dealt with internally in the first instance, I cannot uphold the Worker’s claim because she did not utilise the grievance process set out in her contract.
As the Worker has now left her employment, I recommend that she deems the matter to be closed. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that the Worker deems the matter to be closed for the reasons set out above.
Dated: 19th March 2025
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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