ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00011955

Parties:

Complaint(s):

Date of Adjudication Hearing: 2/May/2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act and Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

CA-00015887-001

Unfair Dismissal Acts 1977

The claimant was employed by the respondent from the 15th August 2016 to the 27th October 2017. He worked 39 hours per week and he was paid €9.25 per hour as sales assistant.

Respondents Position.

The respondent submitted that the claimant was warned on the 4th June 2017 about poor performance and neglecting attitude towards outlined job responsibilities.

It was stated that following a stock take in the claimant’s department a lot of products were seen to be out of date. The respondent being a wholesaler the importance of ensuring that stock was in date was crucial for business.

It was submitted the claimant was also advised the all stock should be checked for expiry dates on a regular basis.

The claimant received further warning on the 24th June 2016 and the 27th October when he received his letter terminating his employment.

Claimants position

It was submitted that the claimant was Unfairly dismissed.

It was stated that the claimant spent three days a week on the road on deliveries.

It was also pointed that fair procedures were not applied and the claimant was not afforded the opportunity to defend himself. The claimant’s representative put forward many other points on behalf of his client.

It was also submitted that the claimant had advised the respondent if the products were not sold they would be out of date.

Findings

The complaint was received by the service on the on the 20th November 2017. I find that the claimant was given a contract of employment. I find that the contract of employment states that an investigation will be carried out before a decision to dismiss is taken.

I find in this case no investigation took place and the claimant was not afforded the fair procedures as per his contract employment.

Recommendation

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 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 Act.

I find the claimant was Unfairly Dismissed and I award him €2755.00.

Payment of Wages Act 1991

CA-00015887-002

The claimant stated that in his final pay slip he should have received €747.02 he only received €188.62 leaving him short €558.40net

Findings

The respondent deducted the amount for stock that was out of date.

Decision

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

Based on the evidence as presented I find the complaint to be well and I award the claimant €558.4net

Minimum Notice & Terms of Employment Act, 1973

CA; 00015887-003

Background

The claimant was employed from them 15th August 2017 to the 27th October 2017 he was dismissed without the appropriate notice.

Decision 

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

I find the complaint to be well founded and I award the claimant one week’s pay €360.75 gross as per the act based on his service.

Dated:   23/08/2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell