ADJUDICATION OFFICER DECISION/RECCOMMENDATION

Adjudication Decision Reference: ADJ-00002041

Complaint for Resolution:

Date of Adjudication Hearing: 15/06/2016

Workplace Relations Commission Adjudication Officer: John Walsh

Venue:

Ardboyne Hotel, Navan, Co. Meath

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under Section 8 of the Unfair Dismissals Act, 1977 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 worked for the Respondent as a field worker from the 6^th of June 2010 to the 2^nd of September 2015. He alleges that he was unfairly dismissed without due process and fair procedures contrary to the terms of the Unfair Dismissals Act, 1977. He filed a complaint with the Workplace Relations Commission on the 22^nd of February 2016.

The Respondent did not attend at the hearing.

Complainant’s Submission:

The Complainant commenced work on a seasonal basis in 2008. He worked for the company for approximately 6 months in 2008 and 6 months in 2009. He was made permanent in June 2010. He was paid an hourly rate of €10.15 and worked between 40 and 50 hours per week.

On the 1^st of September 2015 he was told by his manager that he was working to slowly. The manager followed him and made fun of his English in front of other employees and told him to go home. The Complainant went to his boss, Mr. P.W. who told him if he left the premises he would be fired. The Complainant went back to his manager and told him what happened and asked him to talk to P.W.. His Manager told him that he didn’t have time so the Complainant went again to Mr. P.W. who reiterated that if he left the premises that he would be fired.

The Complainant continued to work in the pack house putting broccoli into packages and at 5pm he told the pack house manager Ms. Ez that he had a headache and that he had to go home. He told her that if he did not turn up for work in the morning it was because he was feeling unwell and was going to see his GP. The following day the Complainant went to his GP who certified him unfit for work. The Complainant text Ms. Ez and also Mr. P.S. who is the general manager with responsibilities for the farm to say that he was taking sick leave. Later, on the same day the 2^nd of September 2015, Mr. P.B. text the Complainant telling him to collect his P45. These texts were saved and were available for view at the hearing.

On the 5^th of September 2015 the Complainant called to his workplace to see Mr. P.B. to collect his P45. He was told by Mr. P.B. that he did not have it. The Complainant did not have any further contact with any representatives from the Respondent company.

The Complainant was out of work until 16^th of May 2016. He now has a new job as a fork-lift operator for a transport company.

Findings:

The Respondent did not attend at the hearing. It is clear from the uncontested evidence submitted by the Complainant that he was unfairly dismissed by the Respondent without due process or fair procedures. In mitigating the Complainant’s loss, I know that the Complainant was unavailable for work because of illness from September 2015 to May 2016. He found work as a fork-lift driver with a company in Naas at €10 an hour and working 40 hours per week. He therefore incurred a loss of 4 weeks wages.  

Decision:

Section 41(4) of the Workplace Relations Act 2015 and under Section 8 of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

Based on the uncontested evidence presented at the hearing I find that the complaint is well founded. I order the Respondent to pay to the Complainant compensation in the sum of €1764 for breaches of the Unfair Dismissals Act, 1977. This sum must be paid within 6 weeks of the date of this decision.

Dated:   15^th September 2016