ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003181
Parties:
| Worker | Employer |
Anonymised Parties | A Finance Manager | A Company |
Representatives |
| Peninsula Group Limited |
Dispute:
Act | Dispute Reference No. | Date of Receipt |
Section 13 of the Industrial Relations Act, 1969 | IR - SC - 00003181 | 25/09/2024 |
Workplace Relations Commission Adjudication Officer: Louise Boyle
Date of Hearing: 23/01/2026
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. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020, which designated the Workplace Relations Commission as a body empowered to hold remote hearings. Where submissions were received, they were exchanged.
Background:
The worker submits that his employment was terminated without any notice or reason. |
Summary of Workers Case:
The worker submits that he started employment on 11/07/2024 and his employment ended on 13/08/2024 and his salary was €57,500. He was advised his employment would be terminated during probation and no reason given other than told that they wanted a more vocal manager. He is a highly qualified professional who is a qualified accountant and has a Masters Degree and never experienced anything like this and was told to leave the building immediately and it was humiliating.
His letter of offer referenced “You should note that this offer of employment is conditional upon and subject to the receipt of satisfactory references, evidence of your eligibility to work in Ireland, and the successful completion of a six-month probationary period. Please also note that your probation will not be passed/confirmed until such time that you are informed of this in writing.”
The worker was desperate to secure employment afterwards to support his family and took up employment on minimum wage in a supermarket. He could not continue with his accommodation, had to move his children and look for other schools. For a period of time his children could not attend school and that impacted on him and his children. |
Summary of Employer’s Case:
The employer did not attend the hearing. In advance of the hearing the employer representative advised on 03/12/2025 that “our client has informed us that they will not be engaging in the process and will not attend the hearing scheduled for 23 January 2026 they would not be attending”. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The worker attended and the manner in which his employment was terminated clearly continues to have an impact on him. This impact also extended to his family as they lost their accommodation, the children had to leave their school and remained out of school for a period of time until the worker was able to source other accommodation and schools for his children. The employer decided not to attend the hearing and advised of this through their representative.
The employer has the right within the contract to terminate the employment of the worker during probation. The employer would also be expected to advise the worker as to what was the reason for not passing probation and comply with S.I. No. 146/2000 - Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order, 2000.
This includes: . Apart from considerations of equity and natural justice, the maintenance of a good industrial relations atmosphere in the workplace requires that acceptable fair procedures are in place and observed.
The employer did not provide any reason for their decision to terminate the employment of the worker and the impact of the termination was significant which it would appear the employer did not give any consideration to.
In all the circumstances I uphold the dispute and I award the worker €4,500. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
In all the circumstances I uphold the dispute and I award the worker €4,500. |
Dated: 02nd of April 2026.
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Probation, impact, industrial relations act. |