ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003474
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00004159-001 | 29/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00004159-002 | 29/04/2016 |
Date of Adjudication Hearing: 31/08/2016
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 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).
Attendance at Hearing:
Complainant’s Submission and Presentation:
The Complainant worked with a Gym from Oct 24th 2014 to April 15th 2016 on a salary of 1250 per month as a Gym Instructor. The Complainant went to work on Friday the 15th of April at 6.30am and opened up as normal and at the end of his shift at 3pm his boss called him into his office and stated that he was no longer in a position to pay him. He found this very strange as he was on jobs plus and a contract of employment. He believes the Respondent hired someone new in the same job a week afterwards. He received no official notice from his employer prior to this dismissal. He believes he was unfairly dismissed and not allowed representation to a right to consultation on the termination of his employment. |
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Respondent’s Submission and Presentation:
The Respondent was not present at the Hearing.
Decision:
Section 41 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.
Based on the uncontested evidence of the Complainant he was not given any opportunity to discuss or contest his dismissal. He says was replaced within a week. As the Respondent was not present to justify that the dismissal was fair under the Act, which deems under Section 6.1 “a dismissal to be unfair unless having regard to all the circumstances, there were substantial grounds justifying the dismissal”. I find that based on the Complainants evidence that there was not substantial grounds to justify his dismissal and he was unfairly dismissed. He calculated his loss at 124 Euro per week and is seeking employment. I award the Complainant 6,500 Euro to be paid within four week of todays date (CA-00004159-001).
The Complainants case (CA-00004159-002) under the Organisation of Working Time Act was withdrawn
Dated: 18th November 2016