ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000678
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00000996-001 | 20/11/2015 |
Date of Adjudication Hearing: 25/02/2016
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Complainant’s Submission and Presentation:
The complainant stated that she was dismissed unfairly by the respondent. She was told that it was due to her sick leave absences and attitude towards management. She was employed as a Fuel Card Salesperson and reckoned she was due commission which was not paid to her. She had some words with her supervisor about this and was shortly thereafter dismissed. She alleges that she brought her grievance to HR but nothing was done about it. She had to have some counselling in relation to a health issue and she believes she was regarded in a negative light in relation to this. |
Respondent’s Submission and Presentation:
The respondent stated that the complainant was employed on a six month probationary period. Her performance was fine during the first 2-3 months and thereafter declined. Her sick leave absences were unacceptable at 10% and she was advised that this was the case. She had an altercation with her manager which indicated that her attitude was also unacceptable. For these reasons, her employment was terminated during the six month probationary period as allowed for in her contract.
Decision:
I note the complainant was on a probationary period when she was dismissed. However, this does not negate the normal rules of good employee relations practice and natural justice. In this case the complainant was not given the usual rights contained in S.I.146 of 2000 i.e. the need for the employer to advise the employee clearly of the charges against her, the right to reply and be represented and the right to appeal. The opportunity to improve was also not afforded her.
I find in these circumstances, the complainant was unfairly dismissed and that the respondent should pay to her the compensatory sum of €2,000.
Dated: 15th April 2016