ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002451
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | A Preschool |
Representatives | Self-Represented | Roberta Urbon Peninsula Business Services Ireland |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complainant seeking adjudication under Section 13 of the Industrial Relations Act, 1969 | IR - SC - 00002451 | 04/04/2024 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 28/08/2024
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 stated that she was called into what was termed a 3-month review meeting with no notice and was told she was being let go with immediate effect. She indicated that she was given no reason for the dismissal other than that she made a girl cry. However, she was not given any details about the incident. |
Summary of Employer’s Case:
The employer indicated that the worker was given notice of the meting in the induction forms provided to the worker. The employer noted that it did not act unlawfully. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The worker was employed for 11 weeks with the employer. She was let go with no notice and with very little reason, if any, given to her. Although the legislation does not require her to be given a notice payment, treating someone with basic respect dictates that an employee be given both a reason for, and notice of, a dismissal. The worker was employed for 40 hours per week on a rate of €13 per hour. In all the circumstances, I believe that the decent thing to do would be to pay the worker a weeks’ notice. |
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 introduce policies regarding probation and dismissal and follow those policies.
I also recommend that the employer paid the worker the sum of €520
Dated: 03-04-2025
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
IR dispute – dismissal – 11 weeks work – recommendations made |