Worker

Employer

Anonymised Parties

Worker

Employer

Representatives

N/A

JS Gollogley Solicitors

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 - 00004406

02/06/2025

The Worker commenced his role as Floor Staff for the Employer on 12 August 2024. He alleged that his hours were reduced following a change in Management. He stated that this reduction in hours applied to him only. He submitted that as a result, he was constructively dismissed on 3 December 2024. He is taking issue with his reduced hours and with the Employer’s alleged lack of communication. He is seeking financial compensation. The Employer denies the allegations in full.

The Worker provided written and oral submissions.

The Worker outlined that he received his contract of employment and the Staff Handbook in an envelope, at the commencement of his employment.

The Worker outlined that he was informed that there was a downturn in the Employer’s business, resulting in a reduction in his hours. However, from what he had observed, the business was as busy as ever and staff maintained their hours and new staff were hired.

The Worker stated that he raised his concerns with his Manager and with HR. He referred to his emails dated 24 October 2024 to 21 November 2024 inclusive. He met with HR on 12 November 2024 and discussed his concerns. At the conclusion of the meeting, HR told him that they would communicate with his Manager. He followed up on this meeting by way of an email dated 15 November 2024. A further meeting was organised to take place with both his Manager and HR on 22 November 2024. At that meeting, he was told that the reduction in his hours was not personal to him and reflected business needs. He subsequently resigned by way of letter on 3 December 2024.

The Worker later outlined that he started a new hospitality job on 12 November 2024, where he was required to work Fridays and Saturdays. He stated that he quit that job after two weeks.

The Worker confirmed that there was no formal procedure invoked. He said that he believed that it was sufficient to raise his concerns with HR.

The Employer provided written and oral submissions.

The Employer took issue with there being a “trade dispute” and / or a “dismissal”. The Employer also outlined that the Worker had failed to exhaust the Employer’s internal procedures prior to resigning on 3 December 2024 and filing his WRC complaint on 2 June 2025. The Employer outlined that there had been a downturn in business and that the Worker’s hours had been reduced accordingly. The Employer stated that this had been explained to the Worker during the meetings held with him on 12 and 22 November 2024. The Employer submitted that it was unreasonable for the Worker to bring a complaint about a reduction in his hours, when he would have been unavailable to work for the Employer as he had already taken on a second employment, in breach of his contract of employment.

The HR staff member provided details of her communications with the Worker and her account of their meetings which took place on 12 and 22 November 2024. She stated that the Employer had no intention to dismiss the Worker. She stated that the Worker never mentioned that he had taken on another employment and / or that he would be unavailable to work as a result. She further stated that the Worker never invoked the Employer’s formal grievance procedure.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the Parties. 

It is well established that, before submitting a grievance about any matter to the WRC, an employee must exhaust the internal procedures at their workplace. In Gregory Geoghegan t/a TAPS v. A Worker, INT1014, the Labour Court held:

“The Court is not prepared to insert itself into the procedural process in a situation where the dispute procedures have been bypassed.”

The Complainant was provided with the Employer’s Handbook (the “Handbook”) and confirmed receipt and understanding of the same, when he signed the relevant Acknowledgement Form on 15 August 2024. The Handbook outlines the Employer’s Grievance Procedure, which encompasses both an informal and a formal procedure. The informal procedure details the holding of a conversation / mediation with a party to resolve a grievance. On the information before me, I am satisfied that the meetings which took place on 12 and 22 November 2024, fulfilled those requirements. On the information before me, I am satisfied that the Worker did not invoke the formal procedure in writing, in accordance with the Handbook. Moreover, I note that the Worker had already commenced a new hospitality job elsewhere on 12 November 2024.  

As it has not been shown that the internal procedures have been exhausted, I cannot insert myself into the procedural process. In the circumstances, the Worker’s dispute is without merit. Therefore, I recommend that the Employer take no further action.

Industrial Relations Act 1969, Exhaust Internal Procedures.