ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: ADJ 00057606

Parties:

	Worker	Employer
Anonymised Parties	A Worker	A Landscape Company

Representatives

Ms Paulina Borkowska

Self-represented

Dispute:

Act	Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	CA-00055183-002	09/02/2023

Workplace Relations Commission Adjudication Officer: Moya de Paor

Date of Hearing: 19/9/2023, 14/11/2023 and 23/01/2024

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.

On all hearing days the worker attended in addition to his representative Ms Borkowska in addition to the employer a Director with the employer, another Director and Manager with the employer.

Background:

The Worker referred a dispute under Section 13 of the Industrial Relations Act 1969 (as amended) alleging that he was unfairly dismissed by the employer. In the complaint form lodged with the WRC the worker ticked the box that he was unfairly dismissed and has less than 12 months service.

The WRC received the referral of the dispute under Section 13 of the Industrial Relations Acts 1969 (the Acts) from the worker on the 09/2/2023.

There was a dispute between the worker and the employer regarding whether the worker had resigned his employment or whether the employer had dismissed him.

On the third hearing day the worker’s representative confirmed that with the consent of the worker she was withdrawing the dispute under the Industrial Relations Acts on the basis that the employer had recognised the worker’s period of employment up to 29/10/2022. The worker’s representative also stated that she was unsure if the worker had a claim under the Unfair Dismissals Acts if he had resigned from his employment. The employer confirmed that he did recognise the worker’s period of employment from his commencement date up to the 29/10/2022.

On the 23/1/2024 the WRC received written confirmation from the worker by way of email which stated, “I withdraw the claim under the unfair dismissal act as the respondent agreed He recognised the period of my employment till 29/10/2022…….”

Summary of Workers Case:

As this dispute was withdrawn no information was considered on behalf of the worker.

Summary of Employer’s Case:

As this dispute was withdrawn no information was considered on behalf of the employer.

Conclusions:

As this dispute was withdrawn, I have not considered any submissions presented to me by the parties.

Recommendation:

Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.

Considering the withdrawal of this dispute I do not make a recommendation in favour of the worker.

Dated: 15-04-25