Recommendation
Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003645
| Worker | Employer |
Anonymised Parties | A Kitchen Porter | A Restaurant |
Representatives | Represented himself | Rutledge Doyle & Qian LLP |
Dispute:
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 - 00003645 | 13/01/2025 |
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Date of Hearing: 25/07/2025
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 July 25th 2025, I made enquiries and gave the parties an opportunity to be heard and to put forward their positions in relation to the dispute. In accordance with the section 8 of the Industrial Relations Act 1990, the parties are not named, but are referred to as “the worker” and “the employer.”
The worker represented himself, with the assistance of a Portuguese interpreter. The employer was represented by Rutledge, Doyle & Qian Solicitors. In attendance for the employer were the managing director, a chef and a manager. The worker in this dispute also submitted a complaint under the Unfair Dismissals Act 1977, claiming that he was constructively dismissed. Both matters were heard on July 25th 2025.
Conclusions:
This is a dispute concerning the relationship between the worker and the employer that led to the worker resigning on January 10th 2025. Separately, the worker submitted a complaint under s.8 of the Unfair Dismissals Act 1977 and the employer provided a comprehensive response to that complaint at the hearing on July 25th 2025. As this matter has already been adjudicated on, I do not intend to conduct a separate investigation under the Industrial Relations Act 1969. |
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: 07-11-25
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Constructive dismissal, grievance, duplicate complaints |