ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003476
Parties:
| Worker | Employer |
Anonymised Parties | Barman | Public House |
Representatives | Self-represented | No appearance |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Industrial Relations Act 1969 | IR - SC - 00003476 | 26/11/2024 |
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Date of Hearing: 09/07/2025
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 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:
The Worker contends that he was unfairly dismissed without proper reason or process. |
Summary of Workers Case:
The Worker stated that he left a “good hospital job” in May 2024 to come and work for the Employer. He was promised a full time permanent position by the Owners. He worked there from 16 May 2024 to 19 August 2024 when the Employer fired him without notice only saying he “couldn’t put up with another scandal”. The Worker took this to mean he had a minor altercation in the street about taxi drivers not stopping to take him, and he said to some people “these black f…ers” won’t take us. He believes this was reported back to the Employer. He was let go from his job and no warning or meeting was held with him to hear his side of the story.
Summary of Employer’s Case:
The Employer did not attend the hearing.
Conclusions:
I am satisfied that the notice of the hearing was sent by post to the Owner of the business on 22 May 2025 and he did not turn up at the hearing. Based on the information supplied by the Worker, I find as follows:
Statutory Instrument S.I. 146 / 2000 provides the basic guidelines for Employers in dealing with grievance and disciplinary issues in the workplace. These provide for the right of an employee to know what charge is laid against him/her and provides the right to be heard and the right to representation and the right to appeal a sanction. In this case, even though the Worker’s service with the business was short, no due process was afforded him. I recommend to settle the matter that the Employer should offer the Worker a week’s notice pay and a week’s pay for compensation. I recommend the Employer pays the Worker the total sum of €1,100.
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
Based on the reasons and conclusions above I recommend the Employer pays the Worker the total sum of €1,100.
Dated: 27-08-2025
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Industrial Relations Act, recommend in favour of the worker, compensation for unfair dismissal. |