ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00004775
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | A fast food restaurant |
Representatives | Self-represented | No appearance |
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 - 00004775 | 22/07/2025 |
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Date of Hearing: 23/06/2026
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. This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359 of 2020, which designates the WRC as a body empowered to hold remote hearings.
Background:
The Worker submitted a referral on 22 July 2025 in which he stated that he was bullied and harassed during his employment with the Employer.
Summary of Workers Case:
The Worker stated that he commenced the employment on 17 January 2022. He left on 30 October 2025. He gave an account of alleged bullying and harassment by his Supervisor and/or Operator of the Franchise which occurred over the period of his employment. He detailed incidents of being blamed for issues which he was not responsible for and of the Supervisor shouting at him and other staff. He tried to have his grievances investigated. The HR Manager sent him the company handbook but did not follow up to investigate his grievances. He had to leave the employment as the grievance was never resolved.
Summary of Employer’s Case:
The Employer did not attend the hearing.
Conclusions:
The employer was notified of the referral shortly after it was received. The person who was notified replied that he did not employ the Worker. The HR Manager then emailed the WRC on 8 December 2025 to say she was the HR Manager and the WRC could send the relevant documents to her. On 28 May 2026 the HR Manager emailed the WRC to state that she was not the employer.
I note that this appears to be a family business or family members operate the franchise. There was a reluctance on the part of any of the Employer to accept responsibility. On 2 June 2026 the WRC advised the HR Manager that the Respondent Employer was the named Employer not individuals. I note the following:
The Worker had grievances about the behaviour of a manager who the Worker said shouted at staff and engaged in blaming the Worker for issues in which the worker was not involved. The Worker tried three times to have his grievance heard. The statutory instrument S.I.146/2000 sets out the code by which reasonable employers should abide in dealing with grievances. This includes allowing the worker to be heard and responding to grievances. In this case, no such entertainment of the worker’s grievances occurred. In the circumstances, I find that the Worker had no option but to resign. I recommend that in future, the Employer should investigate grievances if they are submitted and the Worker should be compensated in the amount of €500.
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I recommend that in future, the Employer should investigate grievances if they are submitted and the Worker should be compensated in the amount of €500.
Dated: 20/08/2026
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Industrial Relations, grievances not entertained by Employer. Compensation. |
