ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000985
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-00001387-001 | 04/12/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00001387-002 | 04/12/2015 |
Date of Adjudication Hearing: 31/03/2016
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 13 of the Industrial Relations Act 1946, 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:
CA-00001387-001 |
The complainant was employed by the respondent from 17th December 2014 to 17th May 2015. He contends that he was unfairly dismissed having been told he was unsuitable for the role. He received no warnings or disciplinary sanctions although the company alleged there were several complaints made against him.
|
CA-00001387-002 |
The complainant contends the respondent acted in breach of the Act by requiring him to work from 8am on 2nd March 2015 to 8am on 3rd March 2015 without the requisite breaks and rest periods. The complainant seeks an extension of time due to the fact that the complaint was submitted under the old system in the WRC.
Respondent’s Submission and Presentation
CA-00001387-002
The respondent contends that complaint CA-00001387-002 should be ruled out of time as the period referred to exceeds the six month time limit for submitting the complaint and no reasonable cause exists to extend the time. Reference was made to the E.A.T. decision in Dolan v Audi Ireland in which the Tribunal found that errors made in submitting complaints do not justify a reason for extension of time limits.
CA-00001387-001
In relation to the complaint of unfair dismissal, it is argued that the complainant was on probation for nine months. Due to his performance and attitude his employment was terminated on 11th May 2015. He was at all material times aware that the employment was dependent on passing the probation period. He was advised by the supervisor on 11th May 2015 that his employment was terminated on the grounds of suitability and that he would receive payment in lieu of notice. The complainant then made threats to the supervisor that he would speak with a solicitor. He was asked to return his security badge. Following his termination the complainant returned to the client site and as a result, the client complained to the respondent. It is contended that the complainant was terminated in accordance with the terms of probation and in accordance with fair procedures.
Decision:
CA-00001387-001
Having considered the evidence, I note the casual way in which the complainant was recruited to his employment. This was not the fault of HR who appear not to have known he was recruited until after the fact. However, he received no written contract and no procedures were followed in carrying out the dismissal. The Labour Court has found on a number of occasions that due process must be given in cases where the employee is on probation. The employee must be clearly given the charges against him/her and the opportunity to respond, be represented and to appeal. None of the basic steps in these well established procedures were followed here. I find the complainant was unfairly dismissed and I recommend that the compensatory sum of €2,000 be given by the respondent to the complainant.
CA-00001387-002
The alleged transgression of the Act took place more than six months before the complainant submitted his complaint. It is not clear exactly how the delay was caused, except that the new system appeared to be involved. I do not find that reasonable cause exists to extend the time and I therefore rule the complaint to be out of time.
Dated: 16/06/2016