ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003944

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-00005720-001	08/07/2016

Date of Adjudication Hearing: 11/10/2016

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 and 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:

By	Complainant	Respondent
Parties	A Complainant	A Respondent

Complainant’s Submission and Presentation:

I am writing to you regarding my current unemployment status and the list of events that occurred. I have set out a timeline for clarity. Position offered with XX Technologies 4/3/2016 I handed in my notice to Respondent on 7/3/2016 The offer for the position in XX Technologies was rescinded on 23/3/2016 I requested to remain with Respondent on 24/3/2016 Respondent agreed to continue employment on 24/3/2016 Respondent terminated my contract on 28/6/2016 referring to my previous resignation and provided one month’s notice verbally. To date I have not received any written notification regarding the termination of my employment with Respondent. They are also now claiming to me that I am on Garden leave this doesn't exist as a clause in my contract. They have asked for my company car to be returned this morning even although I have not served my notice period yet as they gave me one month.

Respondent’s Submission and Presentation:

The Complainant resigned his permanent employment on the 7^th of March 2016. This was never contested. He asked to be retained in employment on the 24^th of March 2016 as the job offer he was going to had fallen through. He was, as a good will gesture, allowed to remain in employment with the Respondent Company on a purely casual basis. His employment was terminated on the 28 June 2016 and one months’ notice paid.

In effect the casual period of employment was ended. His permanent employment was resigned from by the Complainant on the 7^th march 2016.

Decision:

The Workplace Relations Act 2015 and the Industrial Relations Acts requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under both Acts.

Issues for Decision:

Did an Unfair Dismissal take place?

Legislation involved and requirements of legislation:

Industrial Relations Acts and S.I. 146 of 2000 –Code of Practice on Grievance and Disciplinary Procedures

Decision:

The employment relationship post the 24^th March 2016 has to be regarded as a continuation of the pre 24^th March employment contract. All employment details remained the same and no formal correspondence from the Respondent employer notifying any changes took place.

The Dismissal meeting on the 28^th June 2016 was completely in variance with SI 146 of 2000. No notice of possible termination being on the agenda was given, no possibility of representation was provided and no appeal against the decision was offered.

However in mitigation of the Respondent , it was an unusual situation to have a “Post Resignation” employee still on the payroll and serious doubts about the Complainant’s long term plans were perfectly natural in the mind of the Respondent.

It was noted that the Complainant secured alternative employment shortly after leaving the Respondent in July.

Taking all the above factors into account, there being no wish for Reinstatement or Reengagement, I award the Complainant one week’s nett pay i.e. € 850 as compensation for an Unfair Dismissal.

Dated: 22^nd November 2016