ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001057
Complaint 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-00001448-001 | 14/12/2015 |
Date of Adjudication Hearing: 20/07/2016
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 8(1B) of the Unfair Dismissals Act, 1977, and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint
Background.
The Complainant was employed from 12th November 2007 until the employment was terminated on 27th November 2015 with notice issued on 28th September 2015. The Complainant was paid €9.50 an hour and he worked 17.5 hours a week since 2012. The Complainant referred a complaint to the Workplace Relations Commission on 14th December 2015 alleging he had been unfairly dismissed by the Respondent.
Summary of Complainant’s Position.
The Complainant stated that he was working 17.5 hours a week since 2012. The Complainant stated that he was absent from work for two days and during this time he was called to a Disciplinary Hearing. He could not attend the Hearings as he was sick and he was subsequently dismissed by his Manager on 28th September 2015 at 6.45am when he was entering the building for work. He was met by his Named Manager, who raised her hand and said you are dismissed.
However he had not been dismissed but he did receive a dismissal letter dated 29th September 2015 which was provided to the Hearing. This letter sets out the reasons for his dismissal as his failure to attend an Investigation Meeting on 21st August and two Disciplinary Hearings on 11th and 17th September 2015. The letter does provide for a right of appeal to this dismissal and the Complainant confirmed at the Hearing that he did not appeal his dismissal and he did not offer any explanation when asked as to why he did not appeal.
The Complainant stated that he had not worked since his dismissal but that he was in receipt of payments from the Department of Social Protection. He was requested to provide evidence of this from the Department but did not do so.
Findings.
On the basis of the evidence I find as follows:
1. The evidence from the letter of dismissal dated 29th September 2015, which the Complainant did not contest, shows that the Complainant was absent from work on 7th, 12th and 13th August 2015 after which the Complainant was called to an Investigation Meeting on 21st August 2015 but did not attend and the Complainant confirmed this at the Hearing. The Hearing was rescheduled for 27th August 2015 and the Complainant attended. He did not offer any explanation to the Hearing for his absences on 7th, 12th and 13th August 2015.
2. The Complainant was called to a Disciplinary Hearing on 8th September 2015 but he refused to attend and the Complainant confirmed this at the Hearing. This was rescheduled for 11th September 2015 but the Complainant informed his Employer he was sick and unable to attend. This was rescheduled for 17th September 2015 and the Complainant sent a medical certificate to his Employer. A further Disciplinary Hearing was scheduled for 28th September 2015 by letter dated 25th September 2015 in which the Complainant was informed that if he failed to attend the Disciplinary Hearing the Hearing would proceed in his absence. The Complainant did not attend the Disciplinary Hearing scheduled for 28th September 2015.
3. The Complainant was dismissed with four weeks’ notice by letter dated 29th September 2015.
4. The Letter affords the Complainant a right of appeal to the General Manager within 10 working days. The Complainant confirmed at the Hearing that he had not appealed his dismissal and was unable to explain the reason for this.
Decision. CA-00001448.
Section 8(1)(c) of the Unfair Dismissals Act, 1977 requires that I make a decision. On the basis of the evidence and my findings above and on the uncontested evidence of the Complainant I declare the complaint of unfair dismissal is not well founded. The Respondent applied fair procedures and natural justice to the dismissal of the Complainant and it is clear from the evidence that the Complainant by his actions contributed to his dismissal.
Date: 12/10/2016
ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001057
Complaint 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-00001448-001 |
14/12/2015 |
Date of Adjudication Hearing: 20/07/2016
Parties: Complainant: Mr Mahbub Khan A Worker
Respondent: The Grosvenor Cleaning Services A Cleaning Contractor.
Present at Hearing: Complainant: Mr Mahbub Khan
Respondent: Did not attend.
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 8(1B) of the Unfair Dismissals Act, 1977, and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint
The Complainant was employed from 12th November 2007 until the employment was terminated on 27th November 2015 with notice issued on 28th September 2015. The Complainant was paid €9.50 an hour and he worked 17.5 hours a week since 2012. The Complainant referred a complaint to the Workplace Relations Commission on 14th December 2015 alleging he had been unfairly dismissed by the Respondent.
Summary of Complainant’s Position.
The Complainant stated that he was working 17.5 hours a week since 2012. The Complainant stated that he was absent from work for two days and during this time he was called to a Disciplinary Hearing. He could not attend the Hearings as he was sick and he was subsequently dismissed by his Manager on 28th September 2015 at 6.45am when he was entering the building for work. He was met by his Named Manager, who raised her hand and said you are dismissed.
However he had not been dismissed but he did receive a dismissal letter dated 29th September 2015 which was provided to the Hearing. This letter sets out the reasons for his dismissal as his failure to attend an Investigation Meeting on 21st August and two Disciplinary Hearings on 11th and 17th September 2015. The letter does provide for a right of appeal to this dismissal and the Complainant confirmed at the Hearing that he did not appeal his dismissal and he did not offer any explanation when asked as to why he did not appeal.
The Complainant stated that he had not worked since his dismissal but that he was in receipt of payments from the Department of Social Protection. He was requested to provide evidence of this from the Department but did not do so.
On the basis of the evidence I find as follows:1. The evidence from the letter of dismissal dated 29th September 2015, which the Complainant did not contest, shows that the Complainant was absent from work on 7th, 12th and 13th August 2015 after which the Complainant was called to an Investigation Meeting on 21st August 2015 but did not attend and the Complainant confirmed this at the Hearing. The Hearing was rescheduled for 27th August 2015 and the Complainant attended. He did not offer any explanation to the Hearing for his absences on 7th, 12th and 13th August 2015.
- th September 2015 but he refused to attend and the Complainant confirmed this at the Hearing. This was rescheduled for 11th September 2015 but the Complainant informed his Employer he was sick and unable to attend. This was rescheduled for 17th September 2015 and the Complainant sent a medical certificate to his Employer. A further Disciplinary Hearing was scheduled for 28th September 2015 by letter dated 25th September 2015 in which the Complainant was informed that if he failed to attend the Disciplinary Hearing the Hearing would proceed in his absence. The Complainant did not attend the Disciplinary Hearing scheduled for 28th September 2015.
- th September 2015.
Section 8(1)(c) of the Unfair Dismissals Act, 1977 requires that I make a decision. On the basis of the evidence and my findings above and on the uncontested evidence of the Complainant I declare the complaint of unfair dismissal is not well founded. The Respondent applied fair procedures and natural justice to the dismissal of the Complainant and it is clear from the evidence that the Complainant by his actions contributed to his dismissal.
Date: 12/10/2016