ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002894
| Worker | Employer |
Anonymised Parties | A Worker | A Restaurant |
Representatives |
| Enda Callanan Keogh's Accountancy Group |
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 | IR - SC - 00002894 | 23/07/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC – 00002895 | 23/07/2024 |
Workplace Relations Commission Adjudication Officer: Louise Boyle
Date of Hearing: 06/12/2024, 14/03/2025 & 15/09/2025
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended)following the referral of the disputes to me by the Director General, I inquired into the disputes and gave the parties an opportunity to be heard by me and to present to me any information relevant to the disputes. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020, which designated the Workplace Relations Commission as a body empowered to hold remote hearings. Where submissions from parties were received they were exchanged.
Background:
The worker submits that he was left with no alternative but to resign his position and that the employer bullied him. |
Summary of Workers Case: IR - SC - 00002894
The worker submits that he was left with no alternative but to resign his position owing to the behaviour of the employer.
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Summary of Employer’s Case: IR - SC - 00002894
The employer did not attend the hearing of 15/09/2025. |
Conclusions: IR - SC - 00002894
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The employer did not attend the hearing of 15/09/2025.
The worker confirmed that he had over 12 months service and that he had also submitted a complaint under the Unfair Dismissal Act, 1977 – 2015 and as he has secured redress on the same facts I do not uphold this part of his dispute.
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Summary of Workers Case: IR - SC - 00002895
The worker submits that he was bullied and harassed due to lack of management and policies and staff who were aggressive and he felt threatened and abused by the behaviours and the respondent never engaged with staff and would not respond to the worker despite the unsafe conditions
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Summary of Employer’s Case: IR - SC - 00002895
The employer did not attend the hearing of 15/09/2025. |
Conclusions: IR - SC - 00002895
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The employer did not attend the hearing of 15/09/2025.
The worker submitted that he was bullied and harassed and the employer failed to engage with the worker’s concerns.
Taking into consideration all the circumstances I uphold the worker’s dispute regarding and harassment procedures and award the worker €850 in compensation
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
IR - SC – 00002894 I do not uphold the worker’s dispute with regards to dismissal. IR - SC – 00002895 I uphold the worker’s dispute regarding and harassment procedures and award the worker €850 in compensation.
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Dated: 09-12-25
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Bullying, dismissal |