LCR23207

PARTIES:

DIVISION:

SUBJECT:

 Referral under Section 20(1) Industrial Relations Act, 1969.  

BACKGROUND:

The Worker referred this case to the Labour Court on 13 August 2025 in accordance with Section 20 (1) of the Industrial Relations Act, 1969, and agreed to be bound by the Court’s Recommendation.

A Labour Court hearing took place on 6 January 2026.

RECOMMENDATION:

The Worker lodged a complaint to the Labour Court, in accordance with Section 20(1) of the Industrial Relations Act, 1969, and so agreed to be bound by the Court's Recommendation.

A hearing of the Court was held on 6 January 2026.

The Worker commenced employment in April 2024 as an operations manager. He was called to a meeting without notice in December 2024 and told that his contract was terminated with immediate effect. The Worker submits that he was unfairly dismissed from his employment because he made two complaints to HR about his line manager. In his view, the termination of his employment was unrelated to his probation process.

The Court received a letter on behalf of the Employer stating that it respectfully declined the invitation to attend the hearing, as in its view the complaint as submitted did not meet the requirements for a hearing under section 20(1) of the Act. Notwithstanding its stated position on that matter, the Employer submitted that it terminated the Worker’s employment during his probationary period and in line with his contract of employment.

This matter came before the Court as a trade dispute and not as a dispute as regards a potential breach of employment legislation. The Court’s role in disputes such as these is to hear the parties and give its opinion on how the matter might be resolved. There are no matters of law arising. Unfortunately, as the Employer did not attend the hearing, the Court was deprived of the opportunity to understand its perspective on the matter in dispute.

Based on the uncontested submission of the Worker, the Court concludes that the worker was dismissed from his employment without the application of any fair process or procedures. This Court has consistently held that an employer is not relieved of the obligation to act fairly during a probationary period.

The Court recommends that the employer pay the Worker compensation in the amount of €7,500 in recognition that the dismissal of the Worker took place without him being afforded the opportunity to avail of procedures that would have allowed him to put his case prior to him being dismissed.  The Court recommends that this compensation be paid in full and final settlement of the matter.

The Court so recommends.

	Signed on behalf of the Labour Court
	Katie Connolly
FC	______________________
12 January 2026	Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be in writing and addressed to Ms Fiona Corcoran, Court Secretary.