Worker

Employer

Anonymised Parties

An Employer

An Employer

Representatives

Self-Represented

No Appearance

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 - 00005235

29/09/2025

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act 1969

IR - SC - 00005232

26/09/2025

The Worker was employed by the Employer from 1 May 2025 until his dismissal on 22 September 2025. He earned €€30,000 per annum.

On 29 September 2025, having less than 12 months’ service, the Worker referred a dispute concerning his dismissal to the Workplace Relations Commission under the Industrial Relations Act 1969.

The Worker submits that he was dismissed in circumstances which he contends were unfair.

He states that throughout his employment he raised concerns regarding the absence of a written contract, the allocation of work, and the manner in which his working hours and locations were communicated. He submits that his working arrangements involved significant travel and that work was frequently assigned at short notice.

The Worker further submits that on the date of his dismissal he was required, at short notice, to work at a location a considerable distance from his home and to continue working beyond his normal hours. He states that he explained that doing so would prevent him from returning home and that he could not remain beyond his normal hours.

He submits that following this refusal he was dismissed without any prior warning, investigation or disciplinary process.

The Worker contends that his dismissal arose in circumstances where he was seeking to assert basic employment rights and that the manner of his dismissal was unfair.

He also outlined his efforts to mitigate his loss.

The Employer did not attend the scheduled hearing of this complaint. Having reviewed the file I am satisfied that the Employer was on notice of the claim against it and the hearing date, time and venue. I waited a reasonable time before proceeding with the hearing in the absence of the Employer.

In conducting my investigation, I have taken into account all of the evidence and submissions before me.

Dispute Reference No.: IR - SC - 00005235

While the Worker did not have the requisite service to pursue a claim under the Unfair Dismissals Act 1977 (as amended), this does not negate an entitlement to fair procedures in the context of dismissal.

The Employer did not attend the hearing and did not provide any evidence. I am satisfied that the Employer was properly notified of the hearing. In those circumstances, I have considered the Worker’s uncontested evidence.

I have found in related complaints that the Employer failed to comply with its obligations under the Terms of Employment (Information) Act 1994 and the Organisation of Working Time Act 1997, and that the Worker’s refusal to work in the circumstances described was protected by statute.

The Worker’s evidence was clear and consistent. In the absence of any evidence to the contrary, I accept his account of the circumstances surrounding his dismissal.

I am satisfied that the Worker was dismissed in circumstances where he had raised concerns regarding his working conditions and had refused to work in circumstances which were inconsistent with the Employer’s statutory obligations.

I further find that the dismissal occurred in the absence of any apparent adherence to fair procedures.

I am satisfied that the Worker made reasonable efforts to mitigate his loss and that he secured alternative employment approximately one month following his dismissal.

Having regard to all of the circumstances, I consider that the Worker’s dispute is well founded.

Dispute Reference No.: IR - SC - 00005232

This is a duplicate dispute and is addressed above under IR-SC-0005235.