ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001990

Complaint/Dispute for Resolution:

Date of Adjudication Hearing: 26/05/2016

Workplace Relations Commission Adjudication Officer: John Walsh

Venue: Ardboyne Hotel Navan, Co. Meath.

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under section 8 of the Unfair Dismissals Act 1977 following the referral of the complaint/dispute to me by the Director General, I inquired into the complaint/dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint/dispute.

Complainant’s Submission:

She commenced employment on the 11^th of February 2014 and she gained valuable experience with the employer and was very happy in her place of work. She worked as a receptionist booking appointments and dealing with customer service queries. The Respondent was very happy with work and complemented her on work.

In December 2014 another person was employed on a part-time basis to carry out similar work she was involved in. This person caused her many problems at work and she bullied and humiliated her on a regular basis. The Respondent failed to deal with this difficulty she was experiencing and he also bullied her at work. Eventually this person took over her job full-time and she complained to the Respondent about the way she was treated and why her job was now being carried out by this person. He told her not to come into work for a few days and let the situation calm down. He failed to contact her with a view to returning to work and she called to the centre on the 15^th of October to see what was happening. He failed to speak to her when she arrived and she had no choice but to leave the organisation. He failed to provide her with a p45. She filed a complaint under the Unfair Dismissals Act 1977 on the 17^th of February 2016 alleging that she was dismissed from her employment.

Respondent’s Submission:

The Respondent did not attend at the hearing.

Findings:

Based on the uncontested evidence presented at the hearing, I find that the Complainant was dismissed from her employment.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act and Section 8 of the Unfair Dismissals Act, 1977.

Based on the uncontested evidence presented at the hearing, I find that the complaint is well founded. I order the Respondent to pay to the Complainant compensation in the sum of €3500 for being unfairly dismissed from her employment contrary to the terms of the Unfair Dismissals Act 1977.

Dated:   17 August 2016