Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts

CA-00003068-001

07/03/2016

I acknowledge that I took the leave off in two instances for 6 days in September for a family emergency and also for 4 days in November for a medically certified episode of Bronchitis.     On both occasions I kept the company fully informed of the status of my absence through telephone contact primarily with the HR & Training Manager. The leave was unpaid. At no time did the company make me aware either verbally or in writing before or after each instance that they had any concerns with regard to these absences as an issue let alone a dismissal issue prior to my summary dismissal on the 26/11/2015. In addition, when the meeting with the Operations Manager, was set up earlier in the day by the HR and Training Manager, I questioned her on the nature and content of the meeting as it had clashed with another one on my calendar. She stated that she had no knowledge of reason or content for the meeting, a fact which was untrue as she attended the meeting with the Operations Manager and had full knowledge of my summary dismissal during our subsequent discourse. When I asked for an opportunity to adjourn to reflect on my situation the Operations Manager denied me that right by stating it was at the discretion of the company to summarily dismiss me for absence issues during my probation and I would be better off finding a job elsewhere while handing me a written confirmation of my dismissal dated 25/11/2015, the previous day, of same. In addition, I have also been denied access to the due process as outlined in Section 11 of my contract dated 21/09/2015. It is really impossible to reconcile the notion that “fairness and justice” as succinctly stated in my contract being applied in my dismissal. Furthermore the justification for immediate termination of my contract as outlined in Section 10 of my contract “for serious misconduct or failure to carry out such duties as may be assigned to you by the company” was not referenced in the dismissal letter dated 25/11/2015. To that end it is my contention that the company neglected to apply fundamental requirements of fair procedures in communicating with me. I have been unemployed since 26/11/2015 and given the current employment market it may take in the region of 2 - 4 months to get a comparable role and package. In addition this was complicated further as I was dismissed 4 weeks before the Christmas Holidays not an ideal time to seek employment.     At this juncture I may even be faced ultimately to accept a role with a reduced salary having a significant impact on household income. I did not receive a reference furnished by the Respondent, detailing my role, my performance and contribution to the Company as well as the circumstances of my departure which presents a significant challenge at interview as I have discovered to my cost. I wrote to the Operations Manger on 11/12/2015 requesting that I be treated in a professional, fair and equitable manner and all I received was a letter from their solicitors on 04/01/2016 indicating that the Respondent was entitled to let me go during the probation period. Although I was summarily dismissed on 26/11/2015 I did not receive a corrected P45 until 20/01/2016, after many requests, due to some fault with the Respondent’s system as admitted by the Management Accountant at the Respondent on 20/01/2016. This delay also presented significant challenges in maintaining an income stream while unemployed.