Complainant

Respondent

Anonymised Parties

Shop Assistant

Store

Representatives

Omar Perrozzi Hennessy & Perrozzi Solicitors

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-00010841-001

13/04/2017

The Complainant was employed from 26th September 2014 until her employment was terminated on 14th October 2016. The Complainant was paid €347.00 gross per week and she worked on average between 32 and 38 hours a week. She stated she had been provided with a written statement of her Terms and Conditions of Employment but stated she had given it to her Solicitor, who was not in attendance at the Hearing. The Complainant referred a complaint to the Workplace Relations Commission on 13th April 2017 alleging she had been unfairly dismissed by the named Respondent on 14th October 2016.

The Complainant stated that she commenced sick leave in September 2016 and she submitted a medical certificate to her Employer who accepted this certificate but informed her that he did not require her to submit any further medical certificates. This was communicated to her in a phone call from the named Respondent. She stated that she was unfit to attend work from September 2016 until February 2017. She stated that while she was on sick leave she was informed by work colleagues that the business had been transferred to another named Respondent but she was never informed of this by the named Respondent in this complaint. She also heard rumours that she had been dismissed. She phoned her Employer on 30th November 2016 and during this conversation he confirmed that yes she had been dismissed from her employment. She stated that she received a text from the Respondent on 10th January 2017 to inform her that he had forwarded her P 45 to her which she confirmed she had received and copy provided to the Hearing which shows that her date of dismissal is 14th October 2016.

The Complainant stated that she had commenced employment on 2nd May 2017 where she works two days a week working some 10 hours a day and she is paid €9.25 an hour. The Complainant provided evidence from the Department of Social Protection which shows that she was in receipt of Jobseekers Benefit from 1/2/2017 to 2/5/2017 and as she was only employed for 2 days a week she was also paid a reduced benefit from the Department to 13th November 2017.

The Respondent did not attend the scheduled Hearing on 16th November 2017.

On the basis of the evidence presented at the Hearing and on the uncontested evidence of the Complainant I declare the complaint is well founded. The Complainant was unavailable for work between 14th October 2016, the date of her dismissal, and 2nd May 2017 when she took up new employment. I find the Complainant is entitled to be paid compensation of €3500.00

In accordance with Section 8(1) of the Act I declare this complaint is well founded. The Complainant was dismissed without fair procedures and natural justice when she was dismissed by the Respondent on 14th October 2016. I direct the Respondent to pay the Complainant compensation of €3500.00 within 42 days of the date of this Decision.

Unfair Dismissal – absence of fair procedures and natural justice – compensation of €3500.00 awarded.