ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00007298

Parties:

Dispute

Date of Adjudication Hearing: 16/05/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 13 of the Industrial Relations Acts 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 by the Respondent Company from 15^th February 2016 until the employment was terminated with 4 weeks’ notice paid on 13^th February 2017. The Complainant was paid €€480.00 gross per week and he worked 40 hours a week. The Complainant confirmed that he had been provided with a written statement of his Terms and Conditions of Employment which included a probationary period of 6 months.

Summary of Complainant’s Position.

The Complainant stated that while at work on Friday 13^th January 2017 he was approached by the named Quality Assurance Manager who invited him to attend a meeting immediately in the Boardroom. At this meeting he was informed that his employment was to be terminated with immediate effect. The reason given was poor performance and he was informed that the decision was a collective Company decision.

The Complainant stated that he was paid 4 weeks’ pay in lieu of notice.

The Complainant stated that he sent an email to a named Respondent referring to the meeting of 13^th January 2017. The Complainant requested in writing an explanation for his dismissal in circumstances where his 6 month probationary period had expired and had not been extended and he had never been the subject of any complaints concerning his performance.

The Complainant stated he was in receipt of Jobseekers Benefit from the Department of Social Protection and had not worked since his dismissal.

Summary of Respondent’s Position.

The Respondent did not attend the Hearing.

On the basis of the evidence and in accordance with S.I. 146/2000 –Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures)(Declaration) Order, 2000, I declare that the Respondent did not apply fair procedures and natural justice to the dismissal of the Complainant.

The Complainant was not informed in writing prior to his dismissal of any issues with his work performance. He was not invited to attend a Disciplinary Hearing nor was he afforded an opportunity to appeal the decision to dismiss. Furthermore in his email of 16^th January 2017 the Complainant requested of the Respondent the reasons for his dismissal. The Respondent did not reply.

I refer in particular to the recent High Court Decision in Lyons v Longford Westmeath Education and Training Board IEHC 272 in relation to the fair procedures to be adopted by an Employer in relation to a dismissal of an employee.

In accordance with Section 13 of the Industrial Relations Act, 1969 and in view of my findings above I find that the Complainant has been unfairly dismissed by the Respondent. I recommend the Respondent pay the Complainant compensation of €8000.00 within 42 days of the date of this Decision.

Dated:   21^st July 2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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