ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969
Investigation Recommendation Reference: IR - SC - 00004224
Parties:
| Worker | Employer |
Anonymised Parties | A Cleaner | A Government Agency |
Representatives |
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Dispute:
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 - 00004224 | 01/05/2025 |
Workplace Relations Commission Adjudication Officer: Louise Boyle
Date of Hearing: 20/02/2026, 06/07/2026
Procedure:
In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020, which designated the Workplace Relations Commission as a body empowered to hold remote hearings. Where submissions from parties were received, they were exchanged.
Background:
The worker was dismissed and submits that she was not given an explanation. |
Summary of Workers Case:
The worker commenced employment on 06/01/2025 and her employment ended on 27/01/2025 and she worked as a cleaner. Her employment ended abruptly, and she confirmed that the named employer was not her employer. |
Summary of Employer’s Case:
It was submitted that the worker had not named the correct employer and that the named government agency was a client of the actual employer. The worker had been on site but they were never the employer and were not involved in the termination of her employment. |
Conclusions:
In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.
The first date of the hearing was adjourned as the worker wished to name and submit a dispute against the employer who terminated her employment which she submitted was without procedure. The hearing resumed and it would appear that the worker failed to submit a dispute against her employer and could offer no reasonable explanation for failing to do so.
I find in all the circumstances that the employer which the worker named was not involved in terminating the worker’s employment, was not an employee of that named agency and I find that the dispute is not well founded and I dismiss the dispute.
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Recommendation:
Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.
I find that the dispute is not well founded and I dismiss the dispute. |
Dated: 14-07-26
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Worker, dispute, procedure, dismissal |