LCR23223

PARTIES:

DIVISION:

SUBJECT:

Appeal of Adjudication Officer Decision No's: ADJ-00045952.

BACKGROUND:

The Worker appealed the Adjudication Officer’s Recommendation to the Labour Court on 20th December 2023 in accordance with Section 13(9) of the Industrial Relations Act, 1969.

A Labour Court hearing took place on 28th January 2026.

DETERMINATION:

This is an appeal by a Worker of an Adjudication Officer’s Recommendation in relation to a complaint against her former employer that she was subject to bullying in the workplace. The Worker was employed as a junior stylist in the employer’s hair salon.

The employer did not attend the hearing of the Court on 28th January 2026. The Court is satisfied that the employer was on notice of the time and date of the hearing.

The Worker submits that she was treated in a demeaning way as she was bullied and humiliated in front of her colleagues by the owner’s wife, who also worked at the salon, and who was convinced that the Worker was in a relationship with the owner. As a result, her employment was terminated unfairly.

The Worker submits that there was no bullying and harassment policy in place in the employment or mechanism for her to have her serious workplace concerns addressed.  The Worker submits that due to the actions of the Employer she had to undergo therapy and to this date she is afraid to travel through the town where her former workplace is located.

As the employer did not attend the hearing, the Court was deprived of any understanding of the employer’s perspective on the matter on appeal.

Based on the uncontested submission of the Worker, the Court concludes that the employer failed to have appropriate procedures in place to address her serious allegations of bullying in the workplace

The Court notes that the Worker in this case is no longer in the employment of the Employer and has progressed a complaint of unfair dismissal under the Unfair Dismissals Act, 1977, against her former employer.

In light of that fact, the Court is of the view that there can be no reality to it making a recommendation that would assist the parties to voluntarily resolve a workplace dispute, given that those proceedings remain in progress.

That being the case, the Court is of the view that the matters on appeal in this dispute are not capable of voluntary resolution as an industrial relations dispute.

The Court so decides.

	Signed on behalf of the Labour Court
	Katie Connolly
JNF	______________________
3 February 2026	Deputy Chairman

NOTE

Enquiries concerning this Determination should be in writing and addressed to Julie Nicholl-Flood, Court Secretary