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WRC finds bar tender was dismissed but not unfairly dismissed

By Aoife Loughran

Historic decision · Decision date:

Place: no local area assigned from the source.

The WRC found that a bar tender was dismissed after his employer failed to clarify whether he remained available for work, but recommended that the employer take no further action. Adjudication Officer Catherine Byrne dated the recommendation 17 June 2026.

The worker said a manager told him she was letting him go after he asked for more hours. The employer said he did not return after a meeting and had been offered shifts at its coffee van while restaurant hours were limited. Byrne found that the employer should have contacted him to establish his intentions or formally ended his employment. The failure to do so resulted in him not being offered further work, which she found amounted to dismissal.

Byrne separately found that the dismissal was not unfair. She said the worker had initiated it because he needed more hours than the employer could offer, and could have indicated his availability to return. The recommendation records that he represented himself and that management represented the employer.

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