ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00004666
Parties:
| Worker | Employer |
Anonymised Parties | A Worker | A Vehicle Hire Company |
Representatives | Self | HR representative |
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 - 00004666 | 07.07.2025 |
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).
The matter was heard by way of hybrid hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings. The Employer requested remote access to the hearing as their HR function is based in the UK.
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and accordingly, I direct that any information that might identify the parties within this recommendation should not be published.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 07/07/2025. The Employer was notified of the Worker’s complaint by letter dated 17/07/2025 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 within21 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 attend the hearing. The Employer was represented by HR manager who attended remotely.
In order to exercise caution, I permitted a reasonable period of time to elapse before bringing the hearing to a close. No communication was received from or on behalf of the Worker to explain his absence. The Worker was advised of the postponement process in the correspondence of 19/11/2025. I note that he did not avail of this procedure.
Background:
The Worker was employed by the respondent as a car valeted from 06/06/2021 until 30/07/2021. He was paid €11.30 per hour and worked a 40-hour week. He submitted his complaint to the WRC on 07/07/2025 which is almost 4 years since the date of his dismissal. 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 submits that the Worker was dismissed for breaches of health and safety procedures and in particular his failure to comply with safe driving protocols on site. |
Summary of Workers Case:
The Worker or a representative on his behalf did not attend the hearing. There was no subsequent contact from the Worker to explain his non attendance. |
Summary of Employer’s Case:
The Employer denies that the Worker was unfairly dismissed and during the four weeks of his employment he was spoken to informally prior to his dismissal for serious breach of safety procedures. The Employer’s representative attended the hearing remotely and was prepared to outline a full defence in relation to their decision. |
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 - 00004666: As the Worker failed to attend the hearing I do not make any recommendation in relation to this dispute.
Dated: 17/02/26
Workplace Relations Commission Adjudication Officer: John Harraghy
Key Words:
Non attendance |