ADJUDICATION OFFICER RECOMMENDATION
Adjudication Decision Reference: ADJ-00005592
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00007797-001 | 25/10/2016 |
Date of Adjudication Hearing: 21/02/2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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:
The Complainant worked with this company full time as a Tyre Fitter, six days a week since the 30th of November 2015. He stated he had always done his job to the highest standards, was always on time and always did the overtime he was asked to do and never had any complaints. He always believed he was considered a good employee. He had six year experience in this line of work and he had been praised for his work ethic. On Saturday 22nd of October 2016 after finishing a days work he was saying goodbye to his boss and his boss stopped him and called him into his office and informed him he was letting him go. When the Complainant asked why he didn't give him any valid excuse as to why he was being fired. On Monday the 24th of October he collected his P45 from work and was giving an excellent reference letter. His is still mystified why he was let go. |
Respondent’s Submission and Presentation:
The Respondent was not present at the Hearing.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a Recommendation in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
This case is a baffling one. The Respondent was not present so I am relying on the Complainants evidence only. The Complainant seems to have been an excellent employee, presented himself very well at the Hearing, had no disciplinary warnings, and was given a reference which stated this employee “proved to be an exemplary employee”. He was given no notice of the meeting when he was dismissed, no right to representation and no reason why he was dismissed. It is not for me to infer anything from the date of his dismissal, one month prior to the Unfair Dismissals Act becoming effective in his case. The fact that the Complainant was only given an unsigned contract of employment two weeks before his dismissal is also strange.
Overall I can see no good industrial relations practice in how this dismissal was handled. Logically, it does not seem to have any justification. The complainant was denied fair procedure, right of representation or right to appeal. He had passed the three months probation period stated in the Respondents Company Handbook (it was not contained in his contract of employment) so had a reasonable belief he would be in permanent employment. No allegations were made against him or no investigation was undertaken in line with page 38 of the Company Handbook in the Section titled “Disciplinary Rules and Procedures” in section 4 (h) it states “you will only be disciplined after careful investigation of the facts and the opportunity to present your side of the case at a disciplinary hearing “and section (i) states “you will have the right of appeal”. Neither of these two processes happened. The Complainant was not told why he was being dismissed and given no right of appeal.
Overall I find that the Complainants contract of employment was breached by the Respondent and specifically in relation to the manner of his termination of employment relating to the terms outlined by the Respondent in the Company Handbook relating to disciplinary action and termination of employment.
I recommend that the Complainant be paid 5,000 Euros compensation, within four weeks of todays date, for the loss of his employment in circumstances which were neither fair, good industrial relations practice or in line with his conditions of employment.
Dated: 11th May 2017