Recommendation Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00004142
Parties:
| Worker | Employer |
Anonymised Parties | A Kitchen Assistant | A Restaurant |
Representatives | Did not attend the hearing. | Peninsula Business Services Ireland |
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 - 00004142 | 16/04/2025 |
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Date of Hearing: 22/10/2025
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 Wednesday, October 22nd 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.”
Ms Annalee Brazel of Peninsula represented the employer. Ms Brazel was accompanied by the restaurant owner.
At 8.20am on the day of the hearing, the worker sent an email to the WRC and said, “I am sorry for the short notice, this morning I feel unwell and I can’t be there for the meeting. Is it possible to reschedule it?”
Significant administrative resources are required to facilitate complainants to have their disputes adjudicated upon, at a cost to the State. A hearing under the Industrial Relations Act 1969 is not a “meeting,” as referred to by the worker, but is a process concerned with the investigation of allegations of unfair treatment at work.
I note that a previous hearing scheduled for July 2nd 2025 was postponed at the request of the worker because she was unavailable that day. As she failed to attend for a second time on October 22nd, and, as she has not provided a medical certificate to support her claim that she was too ill to attend, I have reached a conclusion on her dispute in her absence.
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: 28/10/2025
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
The complainant did not attend the hearing. |