ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002235
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | A Retail Store |
Representatives | Sean Lawlor Solicitor | Gerard Colleran B.L., instructed by Robinson Solicitors |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complainant seeking adjudication under Section 13 of the Industrial Relations Act, 1969 | IR – SC - 00002235 | 18/02/2024 |
Workplace Relations Commission Adjudication Officer: Conor Stokes
Date of Hearing: 24/06/2024
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).
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 submitted that she began a full-time position in December 2023. She submitted that she opened up the shop and was asked to work 9 days in a row. She submitted that she sought to have specific days off and then sought to work on a part-time basis. She submitted that they reduced her hours but then let her go. They paid her a notice period. |
Summary of Employer’s Case:
The employer’s case is that the worker was employed on a trial basis which resulted in her receiving a contract. She was dismissed after just over two months employment. The employer submitted that dismissal was warranted where the workers performance was unsatisfactory and that she made personal references about the manager sleeping with the boss which amounted to gross misconduct. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The parties gave accounts of a fractious working situation where the worker made reference to the manager sleeping with the boss, however it must be noted that she was his girlfriend. The comments seem to have been made when the manager noted to the worker what a hard boss he was to work with. There was a suggestion that the worker was spending too much time on the phone while customers were present. It also became apparent that the worker only wanted to work on a part-time basis. Having regard to the oral accounts given by the Worker, the Managing Director, the General Manager and the Store Manager, it is not possible to indicate which account is preferable, no account comes across as more authentic than any other. In the circumstances it would have been useful to have had a policy in place regarding acceptable workplace behaviour and another policy in place regarding dismissal during probation and/or for short-term employees, and to have documented steps. |
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 a policy regarding acceptable workplace behaviour and another policy regarding dismissal during probation and/or for short-term employees. This latter policy should be documented throughout each stage.
Dated: 02/07/2025
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Industrial Relations – dismissal - recommendation to introduce policy on dismissal |