ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: ADJ-00057158
Parties:
| Worker | Employer |
Anonymised Parties | A Manager | A Coffee Shop |
Representatives |
| Peninsula Business Services Ireland |
Disputes:
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act | CA-00069543-001
| 16/08/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act | CA-00069543-002
| 16/08/2023
|
Workplace Relations Commission Adjudication Officer: Louise Boyle
Date of Hearing: 08/04/2023,26/08/2024
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.
Background:
The worker submits that she was left with no alternative but to resign her position and the worker submits that the employer terminated her employment. |
Summary of Worker’s Case: CA-00069543-001
The worker submitted that she was unfairly dismissed on 17/07/2023. She submitted that she resigned her position on 15/07/2023 as she was unhappy with the behaviour of the employer including his failure to provide her with a contract and she said he failed to pay out tips. When she went in to work on 17/07/2023 to work her two weeks’ notice, she again asked for her contract from Mr A the employer who got angry and told her to leave. |
Summary of Employer’s Case: CA-00069543-001
The employer denied tips were not paid to staff and said that staff had contracts issued and there was a delay issuing a contract to the worker. The worker had resigned and Mr A told her that she was not to work her notice as she was recording him without his permission |
Conclusions: CA-00069543-001
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The worker submits that she was unfairly dismissed on 17/07/2023 and the employer submits that the worker resigned her position on 15/07/2023.
The worker did not receive a grievance procedure in accordance with Statutory Instrument number 146 of 2000 - Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order, 2000. Section 3 sets out “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.”
The worker was clearly unhappy with some aspects of her employment and if the employer had provided the worker with the aforementioned procedures provided for in Statutory Instrument number 146 of 2000 - Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) and adhered to their terms it may have assisted parties in resolving matters and therefore,in all the circumstances, I find there is merit in the dispute and it is well founded and award the worker compensation of €450. |
Summary of Workers Case: CA-00069543-002
The worker submitted that she resigned her position on 15/07/2023 owing to the failures of the employer as she was unhappy with his failure to provide her with a contract and she said he failed to pay out tips. When she went in to work on 17/07/2023 to work her two weeks’ notice, she again asked for her contract from Mr A the employer who got angry and told her to leave.. |
Summary of Employer’s Case: CA-00069543-002
The employer denied that tips were not paid to staff and said that staff had contracts issued and there was a delay issuing a contract to the worker. The worker had resigned and Mr A told her that she was not to work her notice as she was recording him without his permission |
Conclusions: CA-00069543-002
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The worker submits that she had no alternative but to resign her position because of the behaviours of the employer including failures to pay tips and resolve the matter and providing her with a contract. The employer denies the dispute.
The worker seeks to rely on the facts of the dispute set out in her other dispute referred to above and as I have already awarded compensation I do not find merit in the dispute and it is not well founded.
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
CA-00069543-001 I find there is merit in the dispute and it is well founded and award the worker compensation of €450. CA-00069543-002 I do not find merit in the dispute and it is not well founded. |
Dated: 10th March 2025.
Workplace Relations Commission Adjudication Officer:
Key Words:
Grievance, resignation, dismissal |