Background to the Complaint
A recent Workplace Relations Commission (WRC) decision has reinforced the importance of robust, lawful processes when handling employee requests. TikTok operations specialist Zaurbek Musaev brought a complaint against TikTok Technology Ltd, claiming his application to work fully remotely had not been treated lawfully. Mr Musaev, who joined TikTok in Dublin in 2021, cited trauma from a serious road traffic accident as the basis for his request to avoid commuting from Co Monaghan. He believed remote working would improve both his wellbeing and job performance.
TikTok’s Legal and Procedural Response
TikTok, represented by A & L Goodbody LLP, argued that the request was considered in full accordance with both the employment contract and the Work Life Balance and Miscellaneous Provisions Act 2023. The company emphasised that while some flexibility can be offered, the Dublin office remained the official place of work. The legal team further cited Section 27 of the Act, which prevents adjudication officers from reviewing the merits of an employer’s decision, provided correct procedures were followed.
The WRC’s Ruling
WRC Adjudicator Michael McEntee found in favour of TikTok, determining that the complaint was “not properly founded.” He noted that TikTok had fulfilled its legal obligations by properly examining the request and applying internal procedures. Because the law does not allow adjudicators to question the substance of a decision once due process is followed, the case was dismissed.
Why Process Matters
This case highlights a vital lesson for all employers: outcomes are important, but how decisions are made is equally critical. Respecting statutory processes, documenting correspondence, and showing genuine engagement with an employee’s situation can make the difference between a lawful and an unlawful decision. Even in complex and sensitive cases, a transparent and fair approach protects both employee rights and employer integrity. The adjudicator also noted favourably that efforts were being made to resolve underlying issues amicably—further underscoring the value of process in maintaining positive working relationships.
