Kildare worker's complaint alleging bullying and humiliating treatment rejected by WRC

A Kildare factory worker who claimed he was subjected to bullying and humiliating treatment by his superiors has had his unfair dismissal claim rejected after admitting he lacked the necessary service to bring the case.

Renato Dias De Andrade had taken an action against Naas food production firm Dawn Farm Foods Limited under the Unfair Dismissals Act 1977 before the Workplace Relations Commission (WRC).

He began working for the firm as a general operative in May 2024, working around 39 hours per week. He told the WRC that he was subjected to hostile and aggressive behaviour by his line manager and supervisor throughout his time at the business.

He alleged that he was frequently spoken to in a hostile tone, subjected to raised voices, and humiliated in front of workmates. He claimed he was repeatedly threatened with the non-renewal of his contract, creating significant stress and anxiety regarding his job security.

The conduct of management created a “toxic working environment” that amounted to workplace bullying and moral harassment, he claimed, adding that the company had failed to adequately address his concerns.

Mr Dias De Andrade’s employment ended last November without any prior warning, disciplinary procedures, or allegations of misconduct, the adjudication hearing was told.

He maintained that the company had told him that his temporary contract would not be continued, but argued that the hostile treatment was intrinsically linked to his termination.

Dawn Farm Foods Ltd, represented by Hugh O’Donnell BL, denied the allegations and asked the WRC to dismiss the matter for lack of jurisdiction.

The company submitted that Mr Dias De Andrade had been employed under a fixed-term contract running from May 21, 2025 to November 21, 2025, and had less than one year of continuous service.

It stated that an earlier fixed-term contract had commenced on April 23, 2025 but was terminated within a week during probation, before he was re-hired under a separate contract in May.

The firm argued that no assurance had been given that the contract would be renewed, and maintained that the agreement expressly excluded the application of the Unfair Dismissals Acts.

It also rejected the bullying allegations and sought the dismissal of the claim under Section 42 of the Workplace Relations Act 2015 on the basis that it was frivolous and vexatious.

In his decision, WRC adjudication officer Dónal Moore noted that an employee is generally required to have at least 52 weeks of continuous service with an employer to pursue an unfair dismissal claim.

He noted that, although Mr Dias De Andrade had declared on his complaint form that he had at least 12 months of service, he admitted at the hearing that he did not possess the required qualifying service.

While the complainant offered documentation relating to issues under other employment statutes, Mr Moore said the complaint before him had been referred solely under the Unfair Dismissals Act. Because the statutory service threshold had not been met, the adjudicator concluded that he had no jurisdiction to hear the case.