ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004954

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-00007006-001	14/09/2016

Date of Adjudication Hearing: 25/01/2017

Workplace Relations Commission Adjudication Officer: John Tierney

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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).

Complainant’s Submission and Presentation:

On the 15th august is was working cutting in top of the wall on the ladder i made a mistake and owner/ boss verbally abused me in front of other staff members and when i spoke to him in my own I asked him not to speak to me like that in front of people call me to the side and speak to me and he then verbally abused me again cursing and telling me to get my stuff and get out of the job.

The Claimant received his P45 three weeks later. The Claimant was in his third year of apprenticeship when he was dismissed.

Respondent’s Submission and Presentation:

There was an unexplained absence of the Respondent.

Decision:

Section 41(4) 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.

[Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

As there was an unexplained absence of the Respondent I accept the uncontested evidence of the Claimant. I therefore find the claim well founded. I further note that there was no procedure as per SI 146 / 2000 involved in the termination of the Claimant’s employment. I make the following award; €20,000.00 for unfair dismissal and €720.00 for minimum notice.

I award a total of €20,720.00.

Dated: 25 April 2017