ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002380
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00003240-001 | 17/03/2016 |
Date of Adjudication Hearing: 09/06/2016
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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).
Complainant’s Submission and Presentation:
ON THE 8TH.02.2016 I WENT STRAIGHT TO MY BOSS TO LET HIM KNOW THAT I DONT WANT TO SEND A REPRESENTATIVE ALL THE WAY TO BELFAST BECAUSE IT WAS NOT NECCESARY. AND THE NEXT DAY HE TOLD ME THAT NEXT TIME I HAVE TO GO TO THE MANAGER AND NOT HIM AND IF I DONT LIKE THE RULES I CAN"GO PICK UP MY P45 FROM HR" WERE HIS EXACT WORDS. SEEING THAT I AM NOT BEING APPRECIATED AFTER 8 YEARS OF DEDICATION TO MY JOB AND GOING ABOVE AND BEYOND FOR THAT COMPANY I LEFT FEELING UNWANTED.(HE GOT ANGRY WENT I ASKED WHO PAYS FOR THE GAS SEEING THAT THE TRIP WAS NOT NECCESARY AND TOLD ME THAT ITS NOT ANY OF MY BUSSINES) I DIDNT EVEN GET 2 WEEKS NOTICE I WAS ONLY LOOKING AFTER THE COMPANY AND UNCESESARY EXPENSES I can provide more details if necesary |
Respondent’s Submission and Presentation:
The Claimant refused to deal with an order for a client who required regular deliveries. There was a further incident with the Claimant that involved a heated discussion. As a result there was an off-site meeting to resolve all issues. In the course of this meeting he made a wage demand even though he had received a pay increase a few days before. The meeting ended by ageing that all matters would be dioscussed on his return to work.
He was not dismissed but resigned on 9 February. HE had an opportunity to return to work as a result of the off-site meeting on 12 February but duid not do so.
Decision:
Section 41(4) 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(1B) of the Unfair Dismissals Act, 1977 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 Ac
Issues for Decision:
Was the Claimant dismissed or did he resign?
Legislation involved and requirements of legislation:
Section 8 of the Unfair Dismissals Act 1977.
Decision:
I have considered the submissions of both parties. I am satisfied that the fact of the case are clear that after the off-site meeting on 12 February the Respondent expected to return to work. He was not given his P45 and received a full; weeks wages. No dismissal took place.
I do not find the claim well founded and it fails.
Dated: 28/03/2017