Recommendation Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003840
Parties:
| Worker | Employer |
Anonymised Parties | A Shift Manager | A Restaurant |
Representatives | Did not attend the hearing | Dominic Wilkinson BL |
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 - 00003840 | 19/02/2025 |
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Date of Hearing: 20/10/2025
Procedure:
In accordance with section 13 of the Industrial Relations Act 1969 (as amended), this dispute was assigned to me for investigation by the Director General. A hearing was arranged for Monday, October 20th 2025 at 10.00am. The subject matter is a dispute under section 13 of the Industrial Relations Act 1969 and the hearing took place in private and the parties are not named. In accordance with the section 8 of the Industrial Relations Act 1990, they are referred to as “the worker” and “the employer.”
Mr Dominic Wilkinson BL, represented the employer, instructed by Ms Paula Walsh of ARAG. Ms Walsh was accompanied by Ms Holly Smith. A Turkish interpreter, Ms Insaf Yalcinkaya, attended to assist the complainant. Four members of the respondent’s management team attended the hearing. The worker did not attend and did not contact the WRC to explain the reason for his non-attendance.
The documents on the case file include a copy of a letter dated August 14th 2025 which was sent to the complainant by email to the email address he provided on his complaint form. The purpose of the letter was to notify him of the date and time of the hearing on October 20th. I am satisfied therefore, that the complainant had nine weeks’ notice of the hearing and, in the absence of any explanation for not attending, I have reached the conclusion below.
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
In the circumstances in which the worker did not attend the hearing, I recommend that the parties take no further action regarding the matter in dispute. |
Dated: 29th October 2025.
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
The complainant did not attend the hearing. |
