Complainant

Respondent

Anonymised Parties

Security Guard

Security Firm

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-00014913-001

10/10/2017

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

CA-00014913-002

10/10/2017

The complainant contends that he was unfairly dismissed following the submission of a personal injuries claim against the employer.

The complainant worked for the respondent employer from April 2007. His employment was largely without incident until on or about 12th November 2016 when he was injured during the course of his duty.   This involved a forklift truck crash which left him with soft tissue injuries to his back and knee. He pursued a claim for personal injuries and a letter dated 23rd January 2017 advised the employer of the claim. Subsequent to that letter of claim, the complainant was called to a meeting with two managers/director of the company. During the course of the meeting, it was put to him that unless he withdrew his action for damages, he would be sent back to Pakistan and that he would lose his Irish visa. The complainant is an Irish citizen. He was subjected to vile, vulgar and racist remarks by the respondent’s representatives.   He was subsequently removed from his role at the premises where he sustained his injuries. He was absent from work until 7th July 2017.     A letter of complaint, from the complainant’s solicitor invoking the company grievance procedure was sent to the respondent on 12th July 2017. A further letter dated 15th November 2017 was sent to the respondent noting that the complainant’s grievance was not advanced in any way, and noting that following an incident on 13th August the complainant was not provided with any work considered himself to have been dismissed from his employment.

The representative of the respondent stated that the complainant was not dismissed. He absented himself from duty after refusing to work in another part of the site he was assigned to in August 2017. There was no accident report received by the respondent in related to the alleged injury which was alleged to have occurred in November 2016. The allegation of racist remarks is strongly rejected. The complainant was taken off the site where he was working as the client insisted. The complainant was given work at another site, until in August he refused to go to work at a different part of the site, not a different site but just another part of it. Having gone home and walked off the site, he was requested twice to attend an investigation and disciplinary meeting. This he refused to do. The respondent did not dismiss the complainant but he made himself unavailable for work.

Dismissal is disputed by the respondent. However, I find no evidence to show that the complainant voluntarily left his employment and there is no resignation letter. I note that the complainant added to his own difficulties in not attending the investigation and disciplinary meetings called. I further find that there was contributory negligence on his part when the complainant refused to work in another part of the site. However, I also note that the respondent made no effort to provide the complainant with his right to representation. I also note that the respondent ignored the request to invoke the grievance procedure contained in the letter dated 12th July 2017.     In not providing any roster for the complainant since August 2017, I find that the respondent effectively dismissed the complainant without due process and that dismissal was unfair.

I find that the respondent has not provided the complainant with his statutory right to minimum notice and the complainant is due six weeks pay in lieu of notice.

The complainant, having had more than 10 years service was entitled to six weeks minimum notice.   I find his complaint to be well founded and I require the respondent to pay to the complainant the statutory entitlement to six weeks pay in lieu of notice.