Recommendation Industrial Relations Act 1969

Investigation Recommendation Reference: IR - SC - 00003400

Parties:

	Worker	Employer
Anonymised Parties	A Security Guard	A Security Company

Representatives

Represented himself

Management Support Services (Ireland) Limited

Disputes:

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 - 00003400	07/11/2024

Workplace Relations Commission Adjudication Officer: Catherine Byrne

Date of Hearing: 04/04/2025

Procedure:

In accordance with section 13 of the Industrial Relations Act 1969 (as amended), this dispute was assigned to me by the Director General. At a hearing on April 4th 2025, I made enquiries and gave the parties an opportunity to be heard and to put forward their positions in relation to the dispute.

The worker represented himself and the employer was represented by Mr Gareth Kyne of Management Support Services (Ireland) Limited. Mr Kyne was accompanied by the operations manager. As the subject matter is a dispute under section 13 of the Industrial Relations Act 1969, the hearing took place in private and the parties are not named but, in accordance with the Act, are referred to as “the worker” and “the employer.”

Background:

This is a complaint concerning the procedure was followed by the employer that ended with the dismissal of the worker in May 2024. Separately, the worker submitted a complaint under s.8 of the Unfair Dismissals Act 1977 and the employer’s failure to adhere to the disciplinary procedure is a fundamental aspect of that complaint. As I have considered the application of the disciplinary procedure under the heading of the complaint under the Unfair Dismissals Act, I do not intend to conduct a separate investigation under the Industrial Relations Act.

Recommendation:

Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.

This subject matter of this dispute has been adjudicated on separately under the Unfair Dismissals 1977 Act and I recommend that the employer takes no further action under the Industrial Relations Act 1969.

Dated: 10/06/2025