ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003875

Dispute for Resolution:

Date of Adjudication Hearing: 28/09/2016

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 13 of the Industrial Relations Act, 1969 and following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant and to the dispute.

Background. 

The Complainant was employed by the Respondent from 7^th December 2015 until her employment was terminated on 6^th May 2016. The Complainant was paid €450.00 gross per week and she worked 39 hours a week. The Complainant had been provided with a written statement of her Terms and Conditions of Employment.

The Complainant referred a complaint to the Workplace Relations Commission on 29^th June 2016 alleging she had been unfairly dismissed by the Respondent on 6^th May 2016.

The Respondent did not dispute that the Complainant had been dismissed.

Summary of Respondent’s Position.

The Respondent stated that he owns three Post Offices in named locations as an agent for An Post. The Respondent was notified by An Post of a significant reduction in his salary - reduction stated at the Hearing. The Respondent stated that following a consultation with his Accountant he decided to reduce the staffing levels in the Post Office where the Complainant was primarily employed. The Complainant was notified by letter dated 28^th April 2016 that her employment was being terminated with one week’s notice on 6^th May 2016. The Complainant was offered part-time work and holiday relief work if and when available. However this offer had to be withdrawn as the Respondent was informed by An Post of another reduction in his salary.

Summary of Complainant’s Position.

The Complainant stated that she worked between the three Post Offices and from November 2015 she was contracted to work full-time.

She stated that the Respondent had recruited a Fixed-term employee at the beginning of April 2016. On 28^th April 2016 the Respondent handed her her wages but informed her that her employment was being terminated. She was handed a letter to that effect. She confirmed at the Hearing that she had been offered Part-time work and had accepted this and she had confirmed this to the Manager, named, of the three Post Offices. However she was not on the Roster effective from 9^th May 2016.

She met the Respondent on 4^th May 2016 while still employed and requested information about the Part-time hours. However on 6^th May 2016, the last day of her employment she was given her P45 with no explanation from the Respondent.

The Complainant stated that when she worked in one location, which was the subject of the reduction in staff and her dismissal there were three employees working there. At present there are still three employees employed in that Post Office.

The Respondent confirmed at the Hearing that he had recruited a new employee, named, after the Complainant had been employed but stated that this employee had been assigned to another of his Post Offices not the Post Office where the Complainant was primarily employed.

The Complainant stated that at all times she moved between the tree locations and was not assigned to one location.

The Complainant stated that she had been in receipt of Job Seekers Benefit until 8^th July 2016 when she commenced employment with a named Employer and she is paid €23,000 pa.

The Complainant is seeking compensation.

Recommendation.

On the basis of the evidence from both Parties I find and Recommend as follows:

Both Parties confirmed at the Hearing that while the Complainant worked primarily at one of the three locations she did work in all three locations.

Both Parties confirmed at the Hearing that the Complainant had been offered part-time work and holiday cover but this never materialised and the Complainant was given her P 45 on 6^th May 2016 and was never offered any further employment.

The Respondent confirmed at the Hearing that he had recruited a new employee shortly before the termination of the employment of the Complainant. He argued that it was for another location and not the Complainant’s primary location. The Respondent did not dispute that the Complainant worked in all three locations.

I find that the Complainant was unfairly dismissed by the Respondent on 6^th May 2016. I recommend that the Respondent pay the Complainant compensation of €500.00 within 42 days of the date of this Recommendation.

Date:                     15^th December 2016