ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003355
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-00004853-001 | 26/05/2016 |
Date of Adjudication Hearing: 06/09/2016
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and 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:
on the day dated 20 /04/2016 I was driving a truck and the trailer detached from the unit and collided with a wall , XX Transport said to me that I did not follow the correct safety procedures when coupling to the trailer, but me as been a truck driver I did all my safety checks before I set on my way and all was correct, I received no warring for what happened just got a letter that my employment was terminated on 29/04/2016 but they gave me the option to appeal the decision within 7 days which I did , my appeal hearing was held on Friday 05/05/2016 during the hearing we discussed the grounds of my appeal [following the correct safety procedure when coupling up to a trailer] but I asked where was their proof that I did not follow the correct procedure they were unable to give me any answers to this |
Respondent’s Submission and Presentation:
The Respondent did not attend and lodged an objection to the hearing of the case by an Adjudication Officer. The objection, by email, was dated the 18th August 2016. The expiry date for the receipt of the objection would have been on the 23rd June 2016. The expiry of the period and the fixing of a date for a hearing were communicated in writing to the Respondent on the 11th August 2016.
There can be little doubt that the Respondent and his professional advisors were aware of the date of the hearing.
Decision:
Section 41(4) of the Workplace Relations Act 2015 and Section 13 of the Industrial Relations Act, 1969 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of both Cats.
Issues for Decision:
Was the dismissal of the Complainant fair taking into account the rules of natural justice and the WRC Code of Practice S.I. 146/2000?
Legislation involved and requirements of legislation:
Industrial Relations Act, 1969 and WRC Code of Practice S.I. 146/2000
Decision:
The Respondent did not attend. I found the evidence of the Complainant reasonable and credible. The evidence was oral and supported by copy correspondence (letters of 29th April and 10th May) to the Complainant from the Respondent.
The decision to dismiss the Complaint was communicated by letter of the 29/04/2016. There was no evidence given of any attempt at a full Independent Investigation of an incident that lead to the dismissal.
The Complaint was not afforded any right of Representation or prior warning of the changes against him prior to the dismissal on the 29/04/2016.
The Appeal hearing with the MD on the 5th May 2016 appeared to be a foregone conclusion – again there was no evidence of any attempt at a full investigation, no opportunity to have Representation and no opportunity to have a final Independent Appeal against the MD decision.
The Dismissal was Unfair.
Redress
The Complainant pointed out the damage to his professional reputation as a HGV driver occasioned by the entire incidents. There was he maintained a need for a full investigation of all the circumstances leading up to and surrounding the incident.
The incident and follow on dismissal had a direct impact on his earning capacity. Evidence was given of his difficulty in securing employment since the dismissal.
Accordingly I award the sum of € 10,000 in Compensation for the Unfair Dismissal.
This being compensation for a breach of rights is, subject to Revenue approval, tax free.
Dated: 28/11/2016