ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006290
Parties:
| Complainant | Respondent |
Anonymised Parties | A Nurse Manager | A Nursing Home |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969 | CA-00008588-001 | 05/12/2016 |
Date of Adjudication Hearing: 08/03/2017
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 8 of the Unfair Dismissals Acts, 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).
Summary of Complainant’s Case:
The claimant was employed as Nurse in Charge with the respondent company from the 1st.March 2016 to the 10th.Nov.2016.Throughout the course of her employment the claimant was not appraised or given feedback on her performance until she was summoned to a meeting on the 2n.dNov. 2016 where he raised 3 administrative issues with the claimant.She acknowledged that she had not completed the forms correctly and a discussion ensued in relation to suggestions made by the claimant regarding efficiencies within the administrative procedures.A further meeting was planned for the 3rd.Nov. but was deferred until the 7th.Nov.A further discussion took place following which the proprietor asked the claimant what did she think would happen now.When the claimant suggested that her probationary period might be extended – the owner suggested she resign in case she wanted to apply for another job.The claimant contacted the respondent the following day to say she would not resign and that no procedures or protocol had been followed by the respondent.She was dismissed and advised that she would be paid any outstanding holiday money. The claimant asserted that up to this time the claimant had a blemish free record as a Nurse Manager – her self confidence had been destroyed and she was stressed out by the entire process.The claimant submitted that she had difficulty sleeping and was unable to obtain a work reference which would be crucial for seeking alternative employment.The claimant had resigned from her previous position to take up work for the respondent as it was closer to her home. The claimant submitted that she was given no advance notice of the meeting at which she was dismissed and had no opportunity to obtain representation.She submitted the respondent had failed to follow their own procedures and failed to comply with SI146/2000. |
Summary of Respondent’s Case:
The respondent did not attend and was not represented at the hearing. |
Recommendation:
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 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]
On the basis of the uncontested evidence of the claimant , I find the claimant was denied her rights under natural justice and no fair procedures were applied in effecting her dismissal- she was not given advance notice of any performance deficits, she was not afforded her rights to representation and the respondent failed to observe their own dismissal procedures and ignored the principles set down in SI146/2000.Accordingly I find the claimant was unfairly dismissed and I recommend that the respondent pay the claimant €12,000 compensation within 42 days of the date of this recommendation. |
Dated: 19 June 2017
Workplace Relations Commission Adjudication Officer: Emer O'Shea