ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001623
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00002239-001 | 28/01/2016 |
Date of Adjudication Hearing: 18/05/2016
Workplace Relations Commission Adjudication Officer: Michael Hayes
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the abovementioned Act following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
I was employed for 5 years by the above Company. My work days varied and the normal procedure was that my employer texted me each week to confirm my days of work duty. From the 9th September 2015, my employer ceased texting or contacting me regarding work hours. I called to my workplace numerous times and phoned, wrote and texted on an ongoing basis but my employer failed to correspond with me. In the meantime my position was filled by my employer who hired a new employee to carry out my duties. I finally received a text response from my employer on 27th January 2016, who said "just P45 is it". That he ordered that and he will send it to me! |
The claimant submits that she was employed from June 2010 until 2nd of September 2015 as a cashier/waitress. She worked 3 x 7.5 hour shifts per week and was paid €180 euro per week. She requested three days of compassionate leave in August 2016. She was granted one reluctantly. Thereafter she worked only one night and was never contacted to work in accordance with normal practice. She attempted to contact the respondent on several occasions without success. She was replaced immediately. She wrote to the respondent on the 11th and 12th of November enquiring if her job was still there and no reply was received. She sent a face-book message to the respondent in January 2016 after which she received her P45. The complainant submits that she was unfairly dismissed in the absence of substantive reason and fair procedure. She has been able to mitigate her loss in that she has been successful in replacing 9 of the 22.5 hours lost from April 2016.
Decision:
Based on the uncontested evidence adduced at hearing I find that the complaint is well founded. The appropriate remedy in all the circumstances is one of compensation. I hereby require that the respondent pay the claimant €10,000 (say ten thousand euro) in compensation for breach of the Act.
Dated: 16th August 2016