ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00002994
| Worker | Employer |
Anonymised Parties | A worker | A retail store |
Representatives | Greg Caffrey Mandate Trade Union | Michael McGrath Ibec |
Dispute(s):
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 - 00002994 | 13/08/2024 |
Workplace Relations Commission Adjudication Officer: Jim Dolan
Date of Hearing: 12/12/2024
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:
The worker was employed from 8th August 2022 to 5th June 2024, she was employed as a sales assistant in the employer’s store. This complaint was received by the Workplace Relations Commission on 13th August 2024. |
Summary of Workers Case:
Please see conclusion. |
Summary of Employer’s Case:
Please see conclusion. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
I would like to focus on the complaint form. The first complaint was submitted under section 8 of the Unfair Dismissal Act,1977 and the third complaint was submitted under the Industrial Relations Act. When one reads the specific details of both complaints they read as follows:
Unfair Dismissal. I was unfairly dismissed without minimum notice by my employer (name redacted), I did not receive fair procedures and /or natural justice as the investigation – disciplinary – appeals process were unfair and breached my rights under the Data Protection Act.
Industrial Relations. I did not receive fair procedures from my employer (name redacted) regarding an investigation, subsequent disciplinary hearing and disciplinary sanction of dismissal, evidence my employer used at the investigation – disciplinary and appeals process were obtained unlawfully which prevented natural justice and fair procedures been afforded to me.
I believe the complaints to a very great extent are the same. I have addressed the Unfair Dismissal complaint in my decision and now have no intention to make any recommendation under the Industrial Relations Act on what I basically believe to be the same complaint.
|
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
As outlined above.
Dated: 28-05-25
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
|