ADJUDICATION OFFICER DECISION

 Adjudication Reference: ADJ-00009175

Complaint(s):

ActComplaint/Dispute Reference No.Date of Receipt Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 CA-00012104-001 23/06/2017   Date of Adjudication Hearing: 07/12/2017 Workplace Relations Commission Adjudication Officer: Penelope McGrath BL

Procedure:

  In accordance with Section 8 (1)(a) of the Unfair Dismissals Act of 1977 (as substituted) and where a claim for redress under the Unfair Dismissals legislation is being made the claim is referred to the Director General of the Workplace Relations Commission who in turn refers any such claim to an Adjudication Officer, so appointed, for the purpose of having the said claim heard in the manner prescribed in Section 41 of the Workplace Relations Act, 2015 and in particular the said Adjudication Officer is obliged to make all relevant inquiries into the complaint. The Adjudication Officer will additionally and where appropriate hear all relevant oral evidence of the parties and their witnesses and will take into account any and all documentary or other evidence which may be tendered in the course of the hearing.   In particular, and in circumstances where the Complainant herein has referred a complaint of having been unfairly dismissed form her place of employment wherein she had worked for in excess of one year and where the Workplace Relations Complaint Form (dated the 23rd of June 2017) issued within six months of her dismissal, I am satisfied that I have jurisdiction to hear this case.    

Background:

The Complainant had worked with the Respondent Company in Accounts and Payroll since 2012 and was on a weekly salary of €900.00. The Complainant’s employment was terminated on the 1st of March 2017 arising out of certain allegations made by a co-employee. The allegations are and remain unsubstantiated.

Summary of Complainant’s Case:

The Complainant set out her case in the Workplace Relations Complaint Form which discloses that the Complainant was summarily dismissed by her Employer. This was done by email and without any investigation or Disciplinary Procedure being implemented. The Complainant had had an allegation made against her by a Co-Employee. The allegation was not investigated and the Employer moved to summarily dismiss the Complainant. The Complainant was given no opportunity to defend herself or her reputation.  

Summary of Respondent’s Case:

The Respondent conceded liability and was making no issue with the respect to the fact that the Complainant was claiming to have been Unfairly Dismissed. The Respondent requested that this matter be dealt on the basis of the assessment of the Remunerative losses borne by the Complainant.  

Findings and Conclusions:

The Complainant did not seek to be re-instated or re-engaged and the matter was one of assessment only. The Complainant had been out of employment for 7 weeks (at a loss of €900.00 per week). The Complainant obtained employment (a short-term Contract) at the end of the first seven weeks and has worked for 8 months at a loss of about €850.00 per month. The Contract the Complainant currently works under is due to end at the end of December 2017 at which time the Complainant will look for alternative employment which might take some weeks to obtain. The Respondent cross-examined the Complainant with respect to mitigating her losses but I am satisfied that the Complainant has done everything which could be reasonably be expected of her to obtain both alternative employment and employment that had remuneration commensurate with the remuneration she was being paid by the Respondent.

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 Complainant was Unfairly Dismissed from her Employment and is entitled to be paid €18,400.00 Compensation  

Dated:   02/02/2018

Workplace Relations Commission Adjudication Officer: Penelope McGrath BL