ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00003423
Parties:
| Worker | Employer |
Anonymised Parties | A fast food worker | A fast food business |
Representatives | Self-represented | Daniel Johnson, Solicitor of Johnson & Company Solicitors |
Disputes:
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 - 00003423 | 15/11/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | IR - SC - 00003424 | 15/11/2024 |
Workplace Relations Commission Adjudication Officer: Lefre de Burgh
Date of Hearing: 14/10/2025
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the disputes to me by the Director General, I inquired into the disputes and gave the parties an opportunity to be heard by me and to present to me any information relevant to the disputes.
Background:
The Worker outlined that he had not been treated with respect. 1. He submitted that he was told to ‘f*** off’ by his boss in front of a customer. 2. That he was a pizza chef and but was asked to perform other duties, such as customer service, cutting chips, and carrying large bags.
The Worker was subsequently dismissed in relation to an unrelated matter.
He submitted that these prior issues constituted bullying and harassment. The Adjudication Officer enquired of the Worker as to whether he had ever raised a grievance with the Employer. He said that he had not, that any complaint he had sent it to the WRC.
The Employer denies the Worker’s claims and also submits that no grievance was raised at the time.
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Summary of Worker’s Case:
At some point prior earlier in his employment, the Worker submits that he was told to ‘f*** off’ by his boss, in front of a customer. He said that he told his boss: ‘Don’t ever use the ‘F’ word. I am not your slave. I am your employee.’ He submits that his boss was in his face cursing at him.
The Adjudication Officer sought clarification from the Worker as he had not put forward any complaint about bullying and harassment procedures, which seemed to be what was being raised in the complaint form. He said: ‘Whatever – anything complain – I send it to WRC.’
He said, of his boss: ‘I just said it to his face.’
He said: ‘I do not use the F word.’
He said it was a matter of ‘respect.’
He said that it was a ‘disgrace’ what his boss did.
He said that he was fired without receiving a warning letter. (The IR complaints do not pertain to the dismissal).
He expressed disbelief that someone would ‘treat me like that.’
He also objected to the duties he was asked to do, saying ‘I am a pizza chef. He is getting me to do customer service, cut chips, carrying big bags etc.’
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Summary of Employer’s Case:
The Employer denies the Worker’s complaints.
It points to the failure to raise a grievance at the time, and the subsequent criticism of bullying and harassment procedures, by the Worker, but he did not utilise or attempt to utilise them at the time.
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Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
I find that the Worker did not raise a grievance at the time, in relation to any of the matters that he sought to raise as Industrial Relations matters before the WRC, subsequent to being summarily dismissed on unrelated grounds.
Industrial Relations procedures have to be exhausted locally before referring industrial relations matters to the WRC.
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
IR-SC-00003423 - I do not recommend for the Worker.
IR-SC-00003424 - I do not recommend for the Worker.
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Dated: 28/04/2026
Workplace Relations Commission Adjudication Officer: Lefre de Burgh
Key Words:
Industrial Relations; Local procedures not exhausted; |