ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00004080
| Worker | Employer |
Anonymised Parties | An Installer | A Recruitment Company |
Representatives | Self represented | Emma Richmond Whitney Moore Law Firm |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Section 13 of the Industrial Relations Act 1969 (as amended) | IR - SC - 00004080 | 05/04/2025 |
Workplace Relations Commission Adjudication Officer: Dónal Moore
Date of Hearing: 19/09/2025
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:
The Worker in this case was employed as Assembler through a recruitment company. Shortly after starting he suffered serious ill health that required surgery and had to take certified leave from the workplace. The Employer then refuse to provide him with any further work effectively dismissing him without process. |
Summary of Workers Case:
The worker suffered serious ill health and had to absent themselves from duty. They were subsequently refused any further work on their recovery by the Employer. The Worker has subsequently submitted a separate claim under the Employment equality Act that they have been discriminated against on the basis of disability, which awaits hearing. They had thought that both would be heard together. |
Summary of Employer’s Case:
The Employer did not attend and did not explain their non-attendance having originally accepting the hearing and attempted to present a submission. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The Worker made out their case to me as referred in the complaint form and I accept his uncontested account of poor treatment and inexcusable treatment.
The Employer, attempted to excuse themselves in a correspondence the evening before the hearing and to put to the hearing a document for consideration. Given their unexplained non-attendance this was not given the consideration it might have had; had they presented in a professional manner.
As I set out at the hearing the, IR Acts are of limited use to the Worker in some circumstances where the employer refuses to engage, and they may find redress in their other complaint. However, to resolve this matter I am recommending that the Employer engage in mediation with the Worker to resolve this issue and I recommend the Employer pay the Worker four weeks pay in compensation amounting to €1856.00 |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
For the reasons set out I recommend the Employer pay the Worker four weeks pay in compensation amounting to €1856.00
Dated: 13/10/25
Workplace Relations Commission Adjudication Officer: Donal Moore
Key Words:
Unexplained and inexcusable non attendance |