ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: IR - SC - 00004295

	Worker	Employer
Anonymised Parties	A worker	An employer

Representatives

Sylvia Smith North Leinster Citizens Information Service CLG

Michael Kennedy Irish Insolvency Liquidations

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 - 00004295	20/12/2023

Workplace Relations Commission Adjudication Officer: Conor Stokes

Date of Hearing: 11/11/2024

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 stated that that he was working with the employer from June to October 2023. He stated that he was dismissed when he sought payment for the additional hours he was required to work.

Summary of Employer’s Case:

The employer did not attend the hearing of this matter

Conclusions:

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

The worker stated that he was dismissed when he sought to be paid for the additional hours he was required to work. Although the liquidator was in attendance the respondent employer did not engage with the Industrial Relations process. No argument was raised to contradict the workers account of this dismissal.

The worker sought a recommendation that the employer treat staff fairly.

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 engage with staff in accordance with the legislation. I further recommend that the employ pay the worker the sum of €1000 to reflect the manner in which he was dismissed.

Dated: 23rd of May 2025

Workplace Relations Commission Adjudication Officer: Conor Stokes

Key Words:

IR dispute – unfair dismissal – no employer engagement – recommendation