ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00010444

Parties:

Complaint(s):

Date of Adjudication Hearing: 03/09/2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaint to me by the Director General, I inquired into the complaint) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint

Ca-00013859-001

Unfair Dismissal Act 1977

Background

The claimant commenced employment on the 9th April 2011 as Security officer. He was paid €387 gross (€350 net) per week

On the 26th November 2016 the respondent took over the business.

On the 13th April 2017 at 23.40pm the claimant phoned the respondent to inform him that he had a difficulty with the following weeks roster. He was scheduled to work with an employee who slept on the job and who had been disciplined.

It was submitted that one of the residents had taken a photo of that employee asleep at the time.

The employee in question was a relative the respondent.

The claimant stated that he received a phone call back from the respondent at 23.563 pm on the same day where he was told that he (claimant) was in trouble.

The claimant stated  respondent asked him to become a team leader and where he could train his relative

A week later the 20th April 2017 the claimant submitted he received a phone call from the respondent stating that he was barred from the client’s premises. The claimant stated that he had queried this action as it seemed to be very unfair him and but he was never given a reason.

A meeting was arranged for the 21st April 2-017 the claimant stated that where he informed that he was not allowed to work in any of respondent’s clients premises any longer.

In correspondence from the respondent dated the 25th April 2017 the claimant was offered redundancy or relocation to another contract in Ballincollig.

The claimant added that it would cost him time and money to take up this offer

Findings

The respondent did not attend

I find based on the evidence that the claimant from 2011 operated a security officer in the Tralee area covering various clients’ locations.

I find that the claimant difficulties arose from the phone that he (claimant)made on the night of the13th April to the respondent. I find that the claimant was never given the opportunity of finding out what were the complaints made against him.

I find that the claimant was asked to become team leader and to train other employees that the claimant was held in high regard.

I find that fair procedures or due process were not applied to this case.

Based on the uncontested evidence I find that the claimant was constructively dismissed

Decision:

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 that the claimant was unfairly dismissed and I award him €10,000 in compensation

Dated:   11-12-2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Key Words: