ADJ-00004517

ADJUDICATION OFFICER DECISION/RECOMMENDATION

 Adjudication Reference: ADJ-00004517

Parties:

Complaint(s):

Date of Adjudication Hearing: 24/11/2016

Workplace Relations Commission Adjudication Officer: Michael Hayes

Procedure:

In accordance with Section 41 of the Workplace Relations Act, and the abovementioned Acts, 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).

Background:                                                                                                                      

The respondent employed the claimant as a sales team leader from the 15^th of July 2012 until the 19^th of July 2016. Her annual salary at the date of dismissal was €17,500 and she worked 32 hours per week or approximately €10.50 per hour. Details were provided in respect of mitigation and loss at hearing. The parties were notified of the time, date and venue set for the hearing.

Summary of Complainant’s Case:

The complainant submits that she was unfairly dismissed on foot of an appeal of the outcome of a grievance complaint against her manager by her on the 6^th of June 2016 and complaints made against her by a colleague (on his own behalf and that of five other members of staff) on the 8^th of June and a counter complaint dated 9^th of June submitted by her manager. She was informed that an investigation would be undertaken and suspended on the same day. She was not informed of the nature of the allegations against her until the 22^nd of June despite a request for the same on the 10^th inst. She was not interviewed as part of the investigation nor was she issued with a report of its findings. The disciplinary officer eventually decided that two of three allegations were made out and that she was to be dismissed. She appealed her dismissal without success.                                           CA-00006458-001: There were no substantial grounds justifying the dismissal. She was not afforded her rights in natural justice, the respondent breached its own procedures and the procedure was fatally flawed. The respondent’s behaviour was wholly unreasonable throughout.                              CA-00006458-002: The complainant was not paid her entitlement to statutory minimum notice.

Findings and Conclusions:

Based on the uncontested evidence adduced at hearing I find that the dismissal was unfair on both substantive and procedural grounds and that the complainant did not receive her statutory entitlement to minimum notice payment.

Decision:

Section 41 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 of the Unfair Dismissals Acts, 1977 – 2015 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.

CA-00006458-001: The complaint is well founded and the appropriate redress is compensation in the amount of €8,500 (say eight thousand five hundred euro).

CA-00006458-002: The complaint is well founded and I hereby require that the respondent pay the claimant her entitlement to statutory notice in accordance with the provisions set out in the Act.

Dated:   30 May 2017

Workplace Relations Commission Adjudication Officer: Michael Hayes.