Worker

Employer

Anonymised Parties

A Social Media Content Creator

A Salon

Representatives

  Rachel Barry

 Did not attend

Act

Dispute Reference No.

Date of Receipt

Dispute seeking adjudication in accordance with Section 13 of the Industrial Relations Act, 1969.

IR - SC - 00003865

22/02/2025

The worker was employed as a social media content creator from 14th August 2025 until 26th January 2025. The referral to the Workplace Relations Commission (WRC) was received on 22nd February 2025 and relates to an alleged unfair dismissal in accordance with Section 13 of the Industrial Relations Act, 1990.

The worker is claiming unfair dismissal. The worker stated that she was unable to attend work on 14th December 2024 and notified her employer of the situation. The worker sought her entitlements to paid sick leave for the day in question which was not well received by the employer. The worker stated that due to a personal matter, she was only able to attend work on Saturday 25th January 2025 for a half day and notified her employer two days previously. The worker stated that it transpired she could not attend work at all on the day in question. The worker stated that in a what’s app exchange with the employer following her nonattendance on 25th January 2025 she was dismissed and asked to send on the social media content she had created. The worker stated that she made three attempts to clarify with the employer if she had been dismissed and did not receive any clarification from her.

The employer did not attend and was not represented.

It is unfortunate that the employer did not attend the adjudication hearing to address the issue of the worker’s unfair dismissal. The employer stated in an email to the WRC on 22nd May 2025 that she had objected to the adjudication hearing taking place when she received the letter seeking clarification on same on 27th February 2025. As the WRC did not receive any response from the employer within 21 days of the date of the letter issuing to her, she was deemed to have consented to an adjudication hearing in accordance with Section 36(1) of the Industrial Relations Act, 1990.

In relation to the worker’s referral of unfair dismissal, it is clear from the what’s app messages submitted that the worker did notify the employer on Thursday 23rd January 2025 that she would only be able to work until 1pm on Saturday 25th January 2025. This message was not read by the employer for three days and by that time the worker had not been able to attend at all on Saturday 25th January due to a personal matter. The worker’s nonattendance at all on the Saturday prompted her dismissal by the employer. While the worker repeatedly sought clarification in writing that she had been dismissed, this was never confirmed by the employer, but she did ask the worker to return all social media content and equipment, and the worker would then receive all entitlements due to her. Based on the worker’s written and oral submissions, I am satisfied that she was dismissed by the employer on or about the 26thJanuary 2025.

Given that the employment relationship was relatively short, the employer may have been under the impression that she could dismiss the complainant with immediate effect as she said her nonattendance at work on 25th January 2025 was not good enough. In my view, the worker was entitled to fair procedures in respect of her dismissal. If the employer had issues with the worker, a disciplinary process could have been initiated, and the worker could have put forward her position and be given an opportunity to address the employer’s concerns and improve her attendance. She may have been given a disciplinary sanction in line with company procedures. If she were to be dismissed following a disciplinary process, fair procedures would require that she be given an opportunity to appeal her dismissal. From the complainant’s submissions it appears no disciplinary procedures were utilised, and she was not provided with an opportunity to appeal her dismissal. On that basis, I am satisfied that the worker was denied fair procedures and was unfairly dismissed.

In all of the circumstances of the dispute, I find that the worker was unfairly dismissed. I recommend that the employer pay the worker €2,500 in compensation.

Industrial Relations Unfair dismissal