ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00004570
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | A Bus Company |
Representatives | Self-represented | Head of Employee Relations |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Section 13 of the Industrial Relations Act 1969 | IR - SC - 00004570 | 24/06/2025 |
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Date of Hearing: 08/12/2025
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 and to present any information relevant to the dispute.
Background:
The worker submitted a complaint form that he was unfairly dismissed and was not afforded fair procedures. |
Summary of Workers Case:
The worker was employed from August 2024 up until he was dismissed in May 2025. |
Summary of Employer’s Case:
The employer representative raised a preliminary issue that they were not the worker’s employer even though they were the named company on the complaint form. It was submitted that the correct employer was a third-party company. |
Conclusions:
In conducting my investigation, I have taken into account all relevant written and oral submissions at the hearing. As the worker does not have the requisite 12-months service to take a complaint under the Unfair Dismissals Act, the complaint falls to be dealt with by way of a recommendation on the merits of the dispute. It is clear from the documentation that the worker was employed by a third-party company. As the correct employer was not on notice or in attendance at the hearing, I cannot make a recommendation on the merits of the dispute. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
As the correct employer was not on notice or in attendance at the hearing, I cannot make a recommendation on the merits of the dispute.
Dated: 10/12/2025
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Wrong employer |