ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002257
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-00003058-001 | 07/03/2016 |
Date of Adjudication Hearing: 19/08/2016
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and or Section 13 of the Industrial Relations Act, 1969 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 had handed my notice to start another job. I gave 2 weeks notice and agreed to also help during the bust christmas season. i was on the roster until this time. The owner mis understood when I was offering staff member some hours in the new workplace as he was only getting 20 hours at this place. As i arrived to work they approached me and fired on the spot. they also refused to pay the remainder of my last salary or any due holiday pay. |
Respondent’s Submission and Presentation:
The Respondent did not attend and no submission was received. From previous correspondence I was satisfied that the Respondent was aware of the proceedings.
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 the relevant sections of the Industrial Relations Acts.
Issues for Decision:
Did an Unfair Dismissal take place?
Legislation involved and requirements of legislation:
Industrial Relations Act 1969 – were fair procedures applied?
Decision:
The Complainant had given notice of the termination of his employment –allowing for notice this would have been the 15th December 2015. A meeting with the Respondent took place on the 5th December 2015 and a dispute undoubtedly took place between the parties centred on the alleged activities on the Complainant in making former colleagues aware of employment opportunities in his new place of work.
The Complainant was summarily dismissed.
There was no evidence of any investigation or of any procedures being followed.
The key point made by the Complainant was that he was simply alerting old colleagues to new part time opportunities and he did not have the authority to offer employment contracts –simply to direct them to the relevant Manager in his new work place where any employment decision might be made. In any event it was work that would have been additional to their existing positions with the Respondent.
Taking all the facts presented I came to the conclusion that the Summary Dismissal was unwarranted and resulted in the loss of some 9 days pay to the Complainant.
As Compensation I recommend the payment of a sum equivalent to 9 days pay but taking into account that he was effectively the Head Chef and his approaches to former colleagues could not have been seen as completely innocent I am reducing the award to a sum of € 788 Euro gross.
Dated: 10-11-2016