ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC – 00002850
Parties:
| Worker | Employer |
Anonymised Parties | A Cosmetic Picker | A Recruitment Service |
Representatives | Eleanor Power BL instructed by Cleary & Co Solicitors | Connellan Solicitors |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Section 13 of the Industrial Relations Act 1969 | IR - SC – 00002850 | 09/07/2024 |
Workplace Relations Commission Adjudication Officer: : Úna Glazier-Farmer
Date of Hearing: 12/08/2025
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute.
Background:
This dispute was one of four referrals to the Workplace Relations Commission by the same Worker. The Employer was represented and appeared with the Quality Manager, a Supervisor and the Operations Manager. |
Summary of Workers Case:
The Complainant was employed as a Picker from 16 October 2023 until her date of termination on 26 January 2024. It was the Worker’s submission that she was dismissed on the grounds of discrimination on the grounds of her disability on 26 January 2024. It was her dispute that if she was not successful in her complaint under the Employment Equality Acts 1998-2015 , she sought to rely on the Industrial Relations Act 1969. |
Summary of Employer’s Case:
It was submitted that the Employer was entitled to terminate the Complainant’s contract in accordance with the probation clause contained in her signed contract of employment. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
In the circumstances, I find where the Worker succeeded on the same set of facts in a separate complaint where she disputed her dismissal, it would be unjust and against the spirit of the Industrial Relations process if she was to recover twice. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I make no further recommendation for the reasons outlined above.
Dated: 6th November 2025
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
|