Worker

Employer

Anonymised Parties

A Worker

An Employer

Representatives

Act

Dispute Reference No.

Date of Receipt

Section 13 of the Industrial Relations Act 1969

IR - SC - 00004299

14/052025

The Worker was employed as a bartender for roughly 7 months by the Employer.

He was dismissed in May 2025.

The Worker submits he was unfairly dismissed. He denies the alleged reason for dismissal. He alleges that he was himself raising issues with his underage colleague being allowed  to work late and serve alcohol and that he was told his dismissal was due to punctuality.

The Employer alleges that that Worker was serving himself on the job as well as an underage colleague and that he was told that this was why he was dismissed.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

The Employer’s position is that they discovered the Worker’s alleged misconduct during a review of CCTV and decided he needed to be dismissed. They accept the Worker was not notified of this until he was being told about his dismissal and he was afforded no procedures. They point to his contract of employment which allows for summary dismissal in circumstances of gross misconduct.

I am mindful of the recommendation of the Labour Court in C&W O'Brien Architects v A Worker, LCR22391, wherein the Court took into account the provisions of the Code of Practice on Grievance and Disciplinary Procedures (S.I. 146 of 2000) which, in the words of the Court: “emphasises the importance of ensuring that an employee is aware of any disciplinary procedure which is initiated in respect of her and to know any case being made against her and to have a fair opportunity to respond to any such case. The Code also emphasises the importance of the availability of an internal mechanism wherein a sanction which has been imposed can be appealed.”

The Worker was subject to an on-the-spot dismissal and was not given any opportunity to put forward his version of events as part of a fair procedure. This is particularly important in circumstances where he disputes the reason given for his dismissal.

The Worker was out of work for a month and he was paid a week’s annual leave on cessation. He had three week’s loss arsing from the dismissal totalling €600. I recommend that the Employer pay the Worker €600 in recognition of their failure to uphold his rights to fair process.