ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00005035
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-00007058-001 | 07/09/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00007058-002 | 07/09/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00007058-003 | 07/09/2016 |
Date of Adjudication Hearing: 12/01/2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 8(1B) of the Unfair Dismissals Act, 1977, 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).
Attendance at Hearing:
By | Complainant | Respondent |
Parties | A Barman | A Hotel |
Complainant’s Submission and Presentation:
The Complainant was employed as a Barman from March 9th 1999 to March 9th 2016 and was terminated without notice or redundancy pay when the business closed down suddenly. |
At the Hearing the Complainant withdrew claim reference numbers CA-00007058-002 under section 7 of the Terms of Employment (Information) Act, 1994 and CA-00007058-003 under Section 11 of the Minimum Notice & Terms of Employment Act, 1973. |
Respondent’s Submission and Presentation:
The Respondent was not present at the Hearing.
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. The Complainant stated he was terminated without notice or consultation and that he did not receive any redundancy or fair procedure to discuss his termination. The Complainant in effect was just seeking his statutory redundancy equivalent but his claim was for unfair dismissal. The Complainant was not given the opportunity to have representation and after 15 years service was not given any compensation for his fast termination. The grounds for unfair dismissal presented were that he had done nothing wrong and was not allowed representation on his termination and rights upon termination. The Unfair Dismissals Act 1977, Section 6.1 deems a dismissal to be an unfair dismissal unless having regard to all the circumstances there were substantial grounds to justify the dismissal. Based on the uncontested evidence of the Complainant I find that the Complainants claim is well founded and award him 11,880 Euro to be paid within four weeks of todays date.
Dated: 08 February 2017