ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00004594
Parties:
| Worker | Employer |
Anonymised Parties | A Teacher | A School |
Representatives |
| Shane MacSweeney MacSweeney & Company Solicitors |
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 - 00004594 | 27/06/2025 |
Workplace Relations Commission Adjudication Officer: Louise Boyle
Date of Hearing: 04/12/2025
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 by me and to present to me any information relevant to the dispute. 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 the employer did not follow procedure when they terminated her employment.
The name of the employer was amended with agreement of parties. |
Summary of Workers Case:
The worker commenced employment on 30/05/2025 and her employment ended on 05/07/2025 and she was engaged to teach on courses. She had been unwell, and attended hospital. When she returned to the course there was an incident with a student and the parents of the student were contacted and left the course. The worker was contacted by Mr A and advised that her employment was terminated without any notice. |
Summary of Employer’s Case:
The employer submitted that the worker was employed to teach on a course and that her employment ended as she did not follow procedure and that he had to try and defuse matters owing to the manner in which the worker dealt with the employment ending. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The name of the employer was amended with agreement of parties.
The worker was employed to teach on a course and her employment was terminated where the employer submitted that the worker did not follow procedure. I note that the complainant received a contract which does not provide details of grievance or disciplinary procedures.
It is set out in Statutory Instrument number 146 of 2000 - Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order, 2000:
“In the interest of good industrial relations, grievance and disciplinary procedures should be in writing and presented in a format and language that is easily understood. Copies of the procedures should be given to all employees at the commencement of employment and should be included in employee programmes of induction and refresher training and, trade union programmes of employee representative training. All members of management, including supervisory personnel and all employee representatives should be fully aware of such procedures and adhere to their terms.”
Taking into consideration all the circumstances of the dispute I uphold the dispute and award the worker €550.
|
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
Taking into consideration all the circumstances of the dispute I uphold the dispute and award the worker €550. |
Dated: 15/12/25
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Dismissal, procedures. |