ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000104

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 05/02/2016

Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly

Procedure:

The dispute comes before me pursuant to Section 13 (1) Industrial relations Act, 1969 following the referral of the dispute to me by the Director General pursuant to the Workplace Relations Act, 2015. I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

Complainant’s Submission and Presentation:

The complainant stated that she started working for the respondent in May, 2015. She was not given a contract of employment or any terms and conditions of employment. Upon commencing her employment she was told she would be working all day Saturday and Sunday and one afternoon during the week. She worked without issue until September, 2015.

A new employee who was related to management started on the September 2015. From that date onwards the complainant’s hours were cut in order to make hours for the new employee. Initially she lost one day at the weekend. Two weeks later she was taken off weekend’s altogether. She questioned her manager about her hours being cut. Her manager replied ‘do you want to leave’.  Her manager said that there were issues with her employment:

• She is always touching her breasts and thinking about her new baby and as a result was not concentrating on her job.
• Nobody wanted to work with her.
• Her refusal to change the expiry date on the food to reduce waste was costing the company money.

The complainant did accept that she refused to change the expiry date on the food because it was in breach of the Health and Safety regulations and by doing so might make people sick.

The complainant has never received an verbal or written warning whilst employed with the respondent. She was not made aware of any of the above stated issues until the day she was let go.  In response to the question, “do you want to leave ”  the claimant told her manager that she did not want to go, she wanted her hours returned to normal. She then said ok ‘you are fired’.

Following her dismissal she received a letter stating that following completion of her probationary period the company had decided not to offer her a permanent position. The complainant stated that that was the first time she had heard about a probationary period.  

Respondent’s Submission and Presentation:

No Appearance

Decision:

Section 13 (3) (A) (i) Industrial Relations Act, 1946 requires that I make a recommendation in relation to the dispute,

I find that the respondent failed in its legal obligations to the complainant and that no procedures, good, bad or indifferent were followed. If the complainant was on probation she was entitled to know the terms of that probation.   If there were issues with her employment she was entitled to be informed of them and given an opportunity to state her case and appeal any warnings that issued. She was also entitled to appeal the decision to terminate her employment. She was given no notice of that right.

Having considered the matter carefully I find that the complainant was unfairly dismissed pursuant to the Industrial Relations Acts and I recommend an award of €2,000.00

Dated:   11^th March 2016