ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR-SC-00004580
Parties:
| Worker | Employer |
Anonymised Parties | A Car Valeter | Car Dealer |
Representatives | Did not attend | Director |
Dispute(s):
Act | Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act | IR - SC - 00004580 | 23.06.2025 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act | IR – SC - 00004600 | 27.06.2025 |
Workplace Relations Commission Adjudication Officer: John Harraghy
Date of Hearing: 21/01/2026
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).
As this is a trade dispute under Section 13 of the Industrial Relations Act, 1969 the hearing took place in private, and the parties are not named. The parties are referred to as “the Worker” and “the Employer”. Section 13(9)(c) of the Act provides that hearings shall be heard in private and accordingly, I direct that any information that might identify the parties within this recommendation should not be published.
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The Worker’s complaint was received by the Workplace Relations Commission on 28/04/2025 and a duplicate complaint was received on 27/06/2025. The Employer was notified of the Worker’s complaint by letter dated 03/07/2025 and notified of their right under Section 36(1) of the Industrial Relations Act 1990, to object to an investigation of the dispute by an Adjudication Officer within 21 days. The Employer was informed that failure to reply within the period specified will be regarded as consent to an investigation by an Adjudication Officer under Section 13 of the Industrial Relations Act 1969, and the dispute proceeded to hearing.
I am satisfied that no objection to the investigation of this dispute by an Adjudication Officer was received by the Workplace Relations Commission from the Employer.
The Worker or a representative on his behalf did not the hearing. The Employer was represented by a Director.
Background:
The Worker was employed as a car valeter from 28/04/2025 until 12/06/2025. He was paid €540 per week. He submitted his complaint of unfair dismissal to the WRC on 23/06/2025 and a duplicate complaint was received on 27/06/2025. The Worker claims he was unfairly dismissed, and he does not have at least 12 months service. The aforesaid dispute was referred to me for investigation. A hearing for that purpose was scheduled and took place on 21/01/2026. The Employer believes that the decision to dismiss the Worker was “reasonable, proportionate and necessary” and was taken “only after careful consideration of the ongoing and documented issues relating to conduct, performance and operational impact”. The Employer disputes that the Worker was unfairly dismissed. |
Summary of Workers Case:
The Worker or a Representative on his behalf did not attend the hearing. There was no subsequent contact by the Worker to explain his non-attendance. |
Summary of Employer’s Case:
A senior representative of the Employer attended the hearing and was prepared to explain and defend the dismissal of the Worker due to the cumulative effect of all the issues outlined in their written submission. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. As the Worker failed to attend the hearing, I do not make any further recommendation in relation to this dispute. This concludes this dispute. |
Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
IR – SC - 000045080: As the Worker failed to attend the hearing I do not make any recommendation in relation to this dispute.
IR – SC - 00004600: This is a duplicate complaint of IR – SC – 000045080.
Dated: 16/02/26
Workplace Relations Commission Adjudication Officer: John Harraghy
Key Words:
Non-attendance. Duplicate complaint. |
