ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003392

Dispute for Resolution:

Date of Adjudication Hearing: 15/09/2016              

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 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 to the dispute.

Background

The Complainant was employed by the Respondent on a Specified Purpose Contract from 7^th April 2016 until the employment was terminated with one week’s notice on 26^th May 2016. The Complainant was paid €1555.00 gross per month and she worked 40 hours a week.

The Complainant referred a dispute to the Workplace Relations Commission on 2^nd June 2016 alleging she had been unfairly dismissed.

Summary of Respondent’s Position.

The Complainant was employed on a Specified Purpose Contract of Employment on 6^th April 2016 to terminate on 5^th July 2016. The Complainant was requested to attend a meeting with the Respondent on 19^th May 2016 to discuss her Contract of Employment. She was informed that following a reorganisation of the Respondent Company her Contract of employment was being terminated with one week’s notice. A letter to this effect was issued to the Complainant following the meeting on 19^th May 2016 confirming her employment was terminated with effect from 26^th May 2016. The Complainant was afforded a right of appeal but she did not appeal the decision to terminate the Contract.

Summary of Complainant’s Position.

The Complainant stated that she was dismissed effective from 26^th May 2016 although she had a Contract of Employment with a termination date of 5^th July 2016. She stated that the Respondent Company had recruited another employee to replace her.

She stated she did not appeal the decision to dismiss her. She confirmed she had taken up employment again on 4^th June 2016 and is paid an annual salary of €21,000.

Findings

On the basis of the evidence from both Parties I find that the Respondent Company applied fair procedures to the dismissal of the Complainant on 26^th May 2016. The Complainant was invited to attend a meeting with the Respondent on 19^th May 2016 in relation to the duration of her Contract of Employment. She was informed of her right to be accompanied by a work colleague at this meeting. She was informed that the contract was being terminated due to a reorganisation of the Company. She was afforded an opportunity to be accompanied at this meeting by a work colleague but did not do so. She was also afforded a right of appeal of the decision to terminate the employment contract but did not do so.

On the basis of the evidence and my findings that the Respondent applied fair procedures to the termination of the employment contract and in accordance with Section 13 of the Act I declare the complaint of unfair dismissal is not well founded.

Rosaleen Glackin

Adjudication Officer

Date:     28/11/2016