ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: IR - SC - 00004206

Parties:

	Worker	Employer
Anonymised Parties	*A Worker*	*An Employer*

Representatives

Dispute:

Act	Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	IR - SC - 00004206	29/04/2025

Workplace Relations Commission Adjudication Officer: Eileen Campbell

Date of Hearing: 07/05/2026

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 conducted in person in Lansdowne House.

As this is a trade dispute under section 13 of the Industrial Relations Act, 1969 the parties are not named. They 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and accordingly, I direct that any information that might identify the parties within this recommendation should not be published.

The Worker did not attend the hearing. An Employee Relations Advisor attended on behalf of the Employer.

Having waited a reasonable period of time there was no appearance by or on behalf of the Worker at hearing on 07/05/2026.

I am satisfied that the Worker was duly notified of the details of the hearing on 11/03/2026 in line with WRC procedures. A postponement had not been sought.

Background:

This matter came before the WRC dated 29/04/2025 as a complaint seeking adjudication by the WRC under section 13 of the Industrial Relations Act, 1969.

The specific complaint falls under disciplinary sanctions up to and including dismissal. The aforesaid dispute was referred to me for investigation. A hearing for that purpose was scheduled to take place on 07/05/2026.

Having waited a reasonable period of the time on the day, there was no appearance by or on behalf of the Worker. I am satisfied the Worker was duly notified of the details of the hearing. The Worker did not attend. A postponement had not been sought.

Summary of Workers Case:

The Worker did not attend the hearing to pursue his claim.

Summary of Employer’s Case:

The Employer’s Employee Relations Advisor attended the hearing.

Conclusions:

There was no appearance by the Worker at the adjudication hearing. I am satisfied the Worker was notified in writing of the date, time and venue at which the hearing to investigate this dispute would be held. There was no application for a postponement submitted in the weeks or days preceding the hearing.

As of the date of this recommendation there has been no further communication received from or on behalf of the Worker.

I note the Labour Court recommendation in Health Service Executive v A Worker [LCR 22637]. This claim was referred to the Court by a Worker under Section 20(1) of the Industrial Relations Act 1969.

The Court considered the implications of the non-appearance by the worker at hearing and concluded:

“In circumstances, where the Worker and her representative failed to attend the hearing, the complaint fails due to her failure to pursue her claim. The Court recommends that the issue be regarded as closed.”

As the Worker did not attend the hearing as scheduled, I cannot bring my investigation any further.

The claim has fallen as the Worker did not attend the hearing to pursue his claim.

I conclude that the matter is closed.

Recommendation:

Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.

For the reasons set out above I do not recommend in favour of the Worker.

Dated: 20-05-2026

Workplace Relations Commission Adjudication Officer: Eileen Campbell

Key Words:

Worker did not attend;