ADJ-00003633

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003633

Dispute for Resolution:

Date of Adjudication Hearing: 26/10/2016

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 13 of the Industrial Relations Act, 1969 and following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

 Background

The Complainant was employed from 1^st November 2012 and he was promoted to Manager in a specified outlet in September 2014. The Complainant was demoted to his original position in March 2016.

The Complainant referred a complaint to the Workplace Relations Commission on 19^th June 2016 seeking to be reinstated to his position as Manager.

Summary of Complainant’s Position.

The Complainant stated that when he attended work on 14^th March 2016 he was informed he was to attend a meeting with the Respondent, named. He was informed at this meeting that since his promotion that things had not worked out in his role as Manager in a specified location, that he was being demoted to his former role in a different location. Five specified issues were raised with the Complainant and these were set out at the Hearing. The Complainant stated that he was not given any verbal or written warning in relation to these issues. The Complainant alleged that other employees had been informed and his replacement had been moved in. This was in breach of all fair procedures as set out in the employee handbook.

The Complainant raised an internal grievance with the Respondent in relation to his demotion but the issues were not resolved. The Complainant again wrote to the Respondent by letter dated 24^th May but there was no response. Therefore he lodged a complaint with the Workplace Relations Commission and is seeking reinstatement to his position as Manager.

Summary of Respondent’s Position.

The Complainant was appointed as Manager in September 2014 on probation. During the first number of months there was no problem with the Complainant. However following the expiry of his probation a number of issues arose in relation to his timekeeping and service to customers.

The Respondent stated that the Complainant had approached him in 2014 to ask him to consider him for a position of Manager if a vacancy arose. The Respondent committed to doing so. An opportunity arose for a Manager’s Position in a specified Location and the Complainant was appointed in September 2014 on a trial basis.

There were issues in relation to the Complainant’s timekeeping in the mornings when he was due to commence employment at 8.30am. Evidence was provided that the Complainant was issued was second and final verbal warning on 19^th January 2016 in relation to his timekeeping... The evidence shows that the Complainant in January 2016 commenced work between 8.40 am and 11.20 am – details given at the hearing.

The Complainant was requested to attend a meeting on 14^th March 2016 at which five complaints were identified to the Complainant – failure to call a customer back – using a car space for customers for his own car – he left a bolt loose on a customer’s car – he had left a shutter unlocked on the Premises and that his Depot was losing money. He was told he was being demoted to his original position.

The Complainant objected to this in an email dated 12^th April 2016 and raised a grievance under the Company Procedures. The Respondent replied on 18^th April 2016 setting out the Respondent’s position to the effect that the Complainant had requested promotion, this had been done but had not worked out and the Complainant was being demoted to his original position.

Recommendation.- CA-00005338

On the basis of the evidence I find and recommend as follows:

Both Parties confirmed that the Complainant had been issued with two verbal warnings in relation to his timekeeping.

Both Parties confirmed that it was the Complainant who had approached the Respondent in relation to a promotion.

Both Parties confirmed at the Hearing that the Complainant had been promoted in September 2014.

Both Parties confirmed that a meeting was held with the Complainant on 14^th March 2016 at which the Complainant was informed that he was being demoted for five specified reasons as set out above in the Respondent’s Submission.

Both Parties confirmed that the Complainant lodged a grievance with the Manager on 12^th April 2015 and that the Respondent replied on 18^th April 2016.

I note from the Grievance Procedures of the Company, copy provided at the Hearing, that where a complaint/grievance is lodged under Stage 1 to an employee’s Manager it states as follows – An investigation will be undertaken and a hearing convened within 5 working days of the grievance being raised. The evidence was that the Respondent did not comply with the procedures, no hearing was convened within 5 working days rather the Respondent replied by email on 18^th April 2016.

I note that the Complainant invoked Stage 2 of the Grievance Procedure by letter dated 24^th May 2016 but I note there was no response by the Respondent resulting in the Complainant lodging a complaint with the Workplace Relations Commission on 19^th June 2016.

I recommend that the Respondent comply with its own procedures and set up an investigation meeting with the Complainant under Stage 2 of the Procedures.

I recommend that the Respondent pay the Complainant compensation of €1000.00 (one thousand euro) to the Complainant for breaches of the Grievance Procedures on two occasions. This should be paid to the Complainant within 42 days of the date of this Recommendation.

Date: 2^nd February 2017