Worker

Employer

Anonymised Parties

A Hotel Employee

A Hotel

Representatives

In person

Eamonn Gibney HR Dept

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-00005417

21/10/2025

The worker was employed in the house keeping department of the hotel from 25th May 2025 to 4th October 2025. The dispute referred to the Workplace Relations Commission on 21st October 2025 relates to an alleged unfair dismissal.

The worker claims to have been unfairly dismissed by her supervisor during a discussion that took place on 4th October 2025.

The employer contends that the worker was not dismissed. The employer’s position is that the worker resigned from her employment on 4th October 2025 following an informal conversation with her supervisor relating to issues concerning the worker’s attendance patterns.

In conducting my investigation, I have considered all relevant submissions presented to me by the parties.

The Industrial Relations Act of 1946 describes a trade dispute as “any dispute or difference between employers and workers”. The issue in dispute in this case is the allegation of an unfair dismissal brought under the provisions of the Industrial Relations Act, 1969 in circumstances where the worker had less than one years’ service with the employer.

I note that the Labour Court has repeatedly recommended where issues referred to the WRC and to the Labour Court in IR disputes are also subject to employment rights complaints, there is no reality to the possibility of an acceptance by the parties of an industrial relations recommendation on the issues raised.

In Dunnes Stores v A Worker LCR22915, the Labour Court held as follows:

It is the case that the worker has, separately, initiated a justiciable complaint against the employer alleging a breach of an employment law statute. The Court notes that the employment relationship had lasted for only 4.5 months before its termination by reason of dismissal on 20th April 2023. In the view of the Court, the effective conduct of industrial relations requires both parties to exercise realism, pragmatism and common sense.

It is the Court’s assessment that there is no reality to the proposition that the two parties to the within trade dispute will reach a voluntary agreement on the basis of a Recommendation the Court might make. The Court is fortified in that view by the fact that the employment relationship has ended and that the parties are in opposition in a separate justiciable dispute arising under an employment law statute. In these circumstances the Court recommends that both parties regard their trade dispute as resolved.

In Three Ireland v A worker LCR22926, which concerned a complaint pursuant to section 13(9) of the Industrial Relations Act 1969, the Labour Court held as follows:

This matter comes before the Court as an appeal by the employer of a Recommendation of an Adjudication Officer given under Section 13(9) of the Industrial Relations Act, 1969 in a referral by the worker of a trade dispute in which she is engaged with her employer. Both parties made comprehensive submissions to the Court in relation to the matter before the Court.

The parties also made the Court aware that, separately, three complaints in law are in being or in prospect between the parties based on the same or similar facts which underpin the trade dispute currently before the Court. In the view of the Court, the effective conduct of industrial relations requires both parties to exercise realism, pragmatism and common sense.

It is the Court’s assessment that there is no reality to the proposition that the two parties to the within trade dispute will reach a voluntary agreement on the basis of a non-legally binding decision the Court might make when, apparently, the same matters are the subject of disputation in law where justiciable outcomes will address the matters. The Court therefore recommends that the parties should consider their industrial relations trade dispute as being resolved. The Recommendation of the Adjudication Officer is set aside.

Having considered the Labour Court’s recommendations listed above an on the basis that the worker has also brought complaints under employment law statutes that are based on the same facts, I find that there is no value in issuing a recommendation to the parties on the substantive issue referred in this instance.

For the reasons stated above, I recommend that the parties consider their trade dispute resolved.

Industrial Relations unfair dismissal