ADJ-00004026

Complainant

Respondent

Anonymised Parties

A Trainee

A Media Producer

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-00005759-001

11/07/2016

The Complainant was employed as a Trainee Location manager with a Media Company producing a multiple series of television shows. He had commenced employment in 2013 on a series of fixed purpose contracts. The Employer has a collective agreement with the Irish Film Workers Association. This agreement also includes disciplinary procedures.

The Complainant was effectively dismissed by telephone on the 10^th March 2016 when he was informed that there was no more work available for him on the Series he was working on.

He was also informed that verbal complaints had been made against him the previous day the 9^th March.

He was informed that he would be reconsidered for work if and when the Series was re-commissioned and to keep in touch regarding this.

The IFWA contacted the Respondent by letter of the 17^th March and the issues were the subject of inconclusive correspondence between the parties.

The Television Series was re-commissioned and filming began again on the 9^th June. The Complainant was not listed for work on the new Series - he had effectively been “blackballed” by the Respondent.

He was denied Natural justice and the benefits of SI 146 0f 2000 – Code of Practice on Grievance and Disciplinary Procedures in the ending of his employment.

The Complainant was employed as a “Daily” Locations Trainee on Season 4 of a major Television show. He was employed for 25 days in total. The position is not a full time one rather it is essentially a casual daily contract. On the 10^th March the Complainant had indicated that he was going to Donegal for family reasons and would not be available that day. Later in the day he received a phone call from a Location Manager Mr. C to inform him that on the locations where he was engaged filming had finished and there was no need for him to come back. The Location Manager also informed him that a complaint had been made against him –the Complainant. He was informed that if and when the TV Series was re-commissioned (likely to be in June) he should indicate his availability for work.

When the TV series re-entered production in June (the 9^th) the Complainant sent a text (17th June) to the Manager but at that stage all the casual Daily slots had been allocated.

The Complainant was never dismissed but his casual employment ended when Season 4 finished and by the time he contacted the Location Manager regarding the next series the Daily roles had already been filled.

The Correspondence with the IFWA clearly set out the position and was presented in evidence.

In oral evidence the Respondent absolutely denied that any “Blackballing” had occurred. No dismissal had taken place.

It appeared that the Complainant had been employed as casual “daily” trainee on a Television Serial since 2014 – (31 days), 2015 (41 days) and 2016 (25 days). His most recent contract of employment was exhibited.

The key issue of complaint was regarding his non re-employment on Season Five of the Production which commenced on the 9^th June 2016.

The Complainant maintained that this non re-employment arose out of his being “blackballed” following on from an alleged incident on the 9^th March which his Manager had mentioned to him by phone call on the 10^th of March.

The IFWA, by letter of the 13^th March 2016, had brought this alleged incident issue to the attention of the Respondent Managers. In two replies the Respondents did not really address this issue but assured the Complainant that if and when the Series was re-commissioned he should get back in touch regarding returning to work.

In oral evidence the Respondent explained that the hiring of “Casual dailies” was extremely ad hoc. The Complainant lived in Donegal when the work location was in Wicklow which effectively put him out of the local gossip circle regarding upcoming productions. He had not been very active in contacting the Respondent and when he made contact in June the casual slots were already filled. The inference of “blackballing” was resolutely denied.

Taking all the evidence into account the following issues are relevant.

The Complainant was a long standing casual with a track record over three production sessions. On a custom and practice basis he would have a broad expectation of being offered work on the next production. Legal precedent regarding continuity of seasonal casual, even daily, contracts can differ here but a reasonable employer might well have been proactive in establishing the Complainant’s availability.

The IFWA had been in correspondence in regard to the alleged incidents of the 9^th March 2016.

The IFWA letter clearly and volubly asserted the rights of the Complainant to Natural Justice in regard to the alleged incidents. For the sake of this important legal point , of maintaining good relationships with the IFWA and to avoid the allegation of “Blackballing” and breach of agreement which was being raised a meeting should have been arranged to discuss the issues and to allow the exact facts emerge be they good or ill for the Complainant.

Procedurally and with reference to SI 146 0f 2000 – Code of Practice on Grievance and Disciplinary Procedures the Respondent was remiss in this regard.

Accordingly I recommend ,under Section 13 of the Industrial Relations Act, 1969 as follows

1. Even allowing for the passage of time a meeting should take place between the parties to put to finally clarify what happened on the 9^th March 2016 and to resolve the issues which may have arisen from this incident.
2. Having considered the outcome from Point One above the possibility of the Complainant , on an equal footing with all other potential applicants, getting more Daily work from the Respondent be confirmed –subject of course to work actually being available.
3. A lump sum of €500 be paid as Compensation to the Complainant for the breach of his rights to Natural Justice regarding an investigation of the incidents of the 9^th March 2016.