ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00011288
Parties:
| Complainant | Respondent |
Anonymised Parties | A General Operative | An Engineering and Civil Works Contracting company. |
Complaint(s):
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-00015103-001 | 17/10/2017 |
Date of Adjudication Hearing: 31/01/2018
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015,following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
1: Summary of Complainant’s Case:
The Complainant was employed as an Operative from April 2016 until the 22nd September 2017. On the 14th September 2017, he was asked to attend a meeting at the Respondent Offices. The issue of driving a Company van without permission was raised. At this meeting, he was suspended on full pay. On the 21st September, he received a letter form the Respondent (copy supplied in evidence) stating that he was being laid off in accordance with his contract. There were no further discussions or Appeals granted against the decision. The Complainant maintained that he had been denied all his rights under Natural Justice and in particular S.I. 146 of 2000 -Code of Practice on Grievance and Disciplinary Procedures. The Dismissal was automatically Unfair and any attempts to describe it as a “Lay Off” were completely spurious. |
2: Summary of Respondent’s Case:
The Respondent did not attend the hearing. I was satisfied that proper notice of the Hearing had been served. The Complainant produced a copy of a CRO search giving the correct address of the Respondent. This address had been used by the WRC. |
3: Findings and Conclusions:
The Complainant gave oral evidence in support of a written submission by his Legal Representatives. The Adjudicator closely questioned the Complainant on all aspects of his statements. In the absence of any rebuttal evidence from the Respondent I found, on the balance of probabilities, the Complainant evidence credible. The complete absence of all Employment procedures as set out in S.I. 146 of 2000 -Code of Practice on Grievance and Disciplinary Procedures was noted. Accordingly, I find that the ending of the employment was an Unfair Dismissal. The Complainant stated that he had been on Social Welfare benefits since the date of the Dismissal but had been actively seeking alternative employment. No detailed evidence was presented on this point but his legal representatives vouched for the validity of this statement. At the date of the Hearing he was hopeful that he had recently secured an Apprenticeship. His preferred option was for Compensation as the relationship had broken down to such an extent as to rule out Reengagement or Reinstatement. Under Section 7 (1) of the Unfair Dismissals Act,1977 an Award of €10,000 Gross (approximately six months’ salary as per the information supplied on the Claim form) is made, to the Complainant. This Award is deemed as being just and equitable and has regard to all the circumstances in respect of this Unfair Dismissal. The Taxation of this amount is to be discussed by the parties with the Revenue Commissioners.
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4: 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.
Act | Complaint/Dispute Reference No. | Summary Decision /Refer to Section 3 above for detailed reasoning. |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00015103-001 | The ending of the employment was an Unfair Dismissal. An award of €10,000 Gross Pay is made to the Complainant in respect of the Dismissal. |
Dated: 12th July 2018
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words: