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WRC dismisses operative’s unfair dismissal complaints over short service

By Niamh Kearney

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission dismissed a general operative’s two unfair dismissal complaints because she had less than one year’s direct service with a food manufacturer. The WRC dated its decision 3 January 2023. The worker said she had worked at the facility since 2018, first through an agency, and was unfairly dismissed after a dispute over clocking and moving between production lines. The manufacturer said her direct employment began in March 2019 and ended in February 2020, before she had the service required to bring the claims. The WRC found the agency service could not be counted as service with the manufacturer. It dismissed one complaint and dismissed the second as a duplicate. The fairness of the dismissal was not decided.

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