ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001148

Complaints for Resolution:

Venue: Ardboyne Hotel, Navan, Co. Meath.

Date of Adjudication Hearing: 12/05/2016

Workplace Relations Commission Adjudication Officer: John Walsh

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under Section 8 of the Unfair Dismissals Act, 1977 and under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background:

The Complainant was employed as a general operative with the Respondent on the 27^th October 2014. He alleges that he was dismissed from his employment on the 1^st January 2016 while he was on sick leave. That a P45 was issued to him on the 1^st January 2016. That the Respondent failed to provide him with proper notice or reasons for his dismissal. He filed a complaint with the Workplace Relations Commission on the 10^th January 2016.

Complainant’s Submission:

He was employed as a general operative with the company on the 27^th October 2014. That he worked an average of 41 hours per week and he received a gross salary of €404.70 per week. That he felt ill on the 27^th December 2015. That he phoned his production manager at approximately 12:00 to say that he was sick and would not be able to attend work. That he stated that he was going to attend his GP and that he would phone the Production Manager after visiting the GP. That he visited the GP he called his manager and informed him that he was unable to go to work due to a severe chest infection. That his GP gave him a prescription. That he visited his GP on the 28^th of December 2015 and he was told that he was unable to attend work as he was still ill. That his manager advised him that he should attend the office on the 29^th of December at 10:30 a.m. That he stated that he would attempt to attend the office if he felt well enough. That on the 29^th December he phoned his manager to advise him that he would be unable to attend due to his illness and that he would inform the company when his health improved.

That on the 1^st January 2016 he received a P45 from his employer without proper notice or reasons for his dismissal. He was not requested to provide a sick note from his doctor. He feels that the dismissal was unfair as his employer gave no reasons why he was dismissed. He was not provided with due process or procedures in relation to his dismissal.

Respondent’s Submission:

The Complainant’s last day of work with the company was on Saturday 26^th December 2015 when he worked from 8:00am to 6:38pm. He was expected into work at 8:00am on Sunday 27^th but phoned the production manager at 12:15pm that day to say that he was sick and would not attend at work. He further stated that he was going to his GP and the production manager asked him to call again after visiting same. He then phoned the production manager on Monday the 28^th December to inform him that he was still sick and he needed to revisit his GP again on Wednesday 30^th December 2015. The production manager requested the Complainant to meet the HR manager at 10:30am on Tuesday 29^th December 2015. On the morning of the 29^th of December, the Complainant phoned the payroll officer to state that he was not coming to meet the HR manager as he was still sick. As it happened, the HR manager was in the Payroll office at the time and the phone call was communicated to the HR manager. The HR manager requested that the Complainant attend the company doctor that day, Tuesday 29^th December 2015. The Complainant then informed the payroll officer that he was not going to attend the company doctor as he had his own GP. When the HR manager insisted, the Complainant replied “if you are making me go to the company doctor I am resigning”. The Complainant was asked by the HR officer if resigning was his final decision and he replied “yes”. The HR manager made it very clear that if this was his final decision that he would accept his resignation.

On Thursday 7^th January 2016 a P45 was generated for the Complainant. When the Complainant received his P45 he called in person to the payroll officer and asked him “Am I sacked?” The payroll officer replied “No, you resigned.” He then informed the payroll officer that he had been at social welfare and they informed him that he was not entitled to social welfare as he had not worked in Ireland for two years. He then left the company premises and made no further contact with the Respondent.

It is clear to the Respondent that the Complainant resigned and did so unambiguously. The Respondent is clear that the Complainant was given every opportunity during the discussion with him on the 29^th December 2015 to withdraw his resignation and he did not do so. It is the Respondent’s position hat the Complainant’s contract was terminated in accordance with its terms. There was no attempt at all to withdraw the resignation nor did he resign in the context of a heated exchange or otherwise. The onus of proof in this regard lies with the Complainant to prove that he was dismissed. The Complainant has not proven his case.

Findings:

At the end of the hearing the adjudicator requested the Complainant to provide him with the following information and to copy the Respondent with the same information;

The following information was requested;

Medical Information- the medical certificate and prescription that was issued to the Complainant

Social Welfare Information- when social welfare payments were received by him, were there any back payments included- giving dates.

Job Applications – copies of job applications seeking employment.

The Complainant did not provide any of this information.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act and under Section 8 of the Unfair Dismissals Act,

Reference- CA-00001844-001- Complaint under Section 8 Unfair Dismissals Act

Based on the evidence presented at the hearing I find that this complaint is not well-founded and therefore fails.

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act and under Section 11 of the Minimum Notice & Terms of Employment Act, 1973.

Reference-CA-00001844-002 – Complaint under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

Based on the evidence presented at the hearing I find that this complaint is not well-founded and therefore fails.

Dated:   22^nd August 2016