ADJ-00006048

Complainant

Respondent

Anonymised Parties

A Senior Administrator

A Financial Company

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00008375-001

24/11/2016

The Complainant was employed as a Senior Middle Office Administrator from 23^rd September 2015 top 26^th May 2016. She was paid €2,541.67. She has claimed that she was wrongfully dismissed and has sought compensation.

The Complainant stated that during this employment she was subjected to covert and overt bullying. This bullying became more intense after she approached HR and made a complaint. This affected her health both mental and physical. The dismissal occurred during her probation period and it was unfair and was conducted without due regard for fair procedures. She had a very heavy workload and the respondent did not provide any support to allow her succeed in her role. Psychological stress created by management prevented her from performing her work. The Respondent did not give any prior warning that her employment was in jeopardy. Instead she was dismissed immediately and was not paid in lieu.   The dismissal was not in in a manner that was consistent with the principles of natural justice and fair procedure when she was dismissed for failure to achieve the standards required by the Respondent.

There were no disciplinary sanctions applied during this employment. Concerns did emerge about her suitability following a review. It was decided to extend her probation for an additional 3 months. When she objected to this extension management decided to terminate her employment.

The Complainant’s contract of employment was terminated within her probationary period on 26^th May 2016. The contract of employment specified that it was a 6-month probation during which the employee should demonstrate their suitability. It provided for an extension at management’s discretion by written notice and the employment may be terminated at any time before the expiry of the probationary period by giving one week’s notice. The contract was validly terminated on 26^th May 2016 and she was paid in lieu of notice. She was provided with extensive and wide ranging training, support and mentoring throughout the course of her employment, with shadowing, one to one mentoring and individual training plans, details supplied. She was regularly asked if she needed additional training and she confirmed that no such support/training was needed, details supplied. She was monitored and reviewed during her probation. Review meetings took place on 30^th October 2015, 12^th , 19^th January and 8^th February 2016. On 19^th January it was made clear that the probation would be extended by three months. The extension was as a result of a series of possible loss causing errors which were occurring at an above average rate. She was given an opportunity to succeed and thrive within the company. Face to face probationary meetings were held on 7^th , 24^th March, 18^th, 28^th April and 12^th May 2016.These meetings put her on notice of the Respondent’s concerns regarding her performance and suitability to her role. The decision to dismiss was based on her displaying poor communication skills and an above average rate of loss causing errors. She was at all times on constructive notice that her employment was in jeopardy. On 28^th April 2017 the Respondent’s HR Consultant told her in a minuted note stated “although there may be two months left the company is not obliged to see out the remaining two months”. She went ot sick on 6^th May citing matters at work, she was referred to the company’s occupational healthcare provider and they deemed her fit for work on her normal duties. Having afforded the Complainant every opportunity to address theiur concerns relating to her performance and providing her with a cpomprehensive scheme of training, support and mentorship they decided to exercise its discretion to lawfully terminate the Complainant’s employment on 26^th May 2016. The Respondent strenuously denied that it and / or any of its employees bullied the Complainant as alleged.

Her employment was terminated lawfully during her probation.

Findings and Conclusions:

I note that the Complainant was on a probationary period.

I find that the objective of a probation is to allow the employer to assess the suitability of the employee, give them an opportunity work their way into the company and operate at the required standard of performance and conduct and for the employee to satisfy themselves that the job and the company meets their expectation.

I note that the contract of employment provided for a probation and the right to extend that probation at management’s discretion.

I note the training and support mechanisms put in place by the Respondent

I note that regular review meetings took place throughout the probationary period.

I note that formal probationary meetings took place.

I note that resulting from the Complainant not meeting the required standard her probation was extended by three months according to her contract.

I note that she declined additional training and stated in her review notes “no need more training or to seat down with anyone, this job is really easy”

I also note that she was warned that the Respondent was not obliged to wait till the end of the probation to decide on her suitability.

I note that as far back as 30^th October she was recorded as saying “maybe I am not the right person for this role”.

I note that at a meeting on 12^th May 2016 the Complainant was advised that “a decision would be made shortly to pass or not to pass the probation period and communicated to her”.

I am satisfied that the Respondent set out their standards of performance and communicated them to her.

I am satisfied that they provided training and support to allow her meet the required standard.

I am satisfied that they gave her every opportunity meet the required standard.

Regrettably she did not meet these standards.

It is not my role to set and review these standards. It is the Respondent’s responsibility to do that.

I am satisfied that the Respondent applied fair procedures. They set out the standards, reviewed her performance, identified shortfalls in performance and supported her to achieve these standards. They warned her of the consequence of not meeting these standards and they extended the probation to give her a further opportunity to achieve the required standards.

She failed to meet their standards and so they decided to terminate her employment.

I find that she was advised at the meeting on 12^th May that a decision would be made so there could be no surprises when the decision was communicated on 26^th May 2016.

I note that she was paid in lieu of notice as per her contract of employment.

I find that the Respondent acted fairly and reasonably in making the decision to terminate the employment.

I find that there was no evidence adduced by the Complainant to support her allegation of bullying and harassment

Recommendation:

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

Dated: 05/07/2017

Workplace Relations Commission Adjudication Officer:   Eugene Hanly

Wrongful dismissal