Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00012724-001

22 July 2017

The complainant asserts that he was unfairly dismissed from his employment with the respondent; a claim the respondent accepts.

The complainant said that he was told on the 17th July 2017 that his employment would end. He was given a letter stating that this was on performance grounds as well as for an incident involving a colleague. He finished on the 17th July 2017.

The complainant said that he started working for the respondent on 17th June 2015. He was initially a helper and worked on a small guillotine machine. He was given a contract of employment which states the start of employment as the 30th November 2015. This contract includes a probationary period of 11 months. Given the tasks he was doing, he asked for a rise and in January 2017, the respondent eventually increased his pay to €12 euro per hour. The contract was signed in April 2016 and he did not remember the reason for this delay.

The complainant continued to work for the respondent through 2017. In respect of the incident of the colleague, this took place around the 6th July 2017. His work manager had asked him to cut strips, and this took a few minutes. A colleague was already working on the guillotine and he told the colleague that he had to do a job. The colleague answered him in a “bad way”. He returned later when the machine was free, but then the colleague came back and pushed the complainant away with his chest. He exchanged bad words and the complainant left. Another manager followed up on the strips and the complainant explained that he had to wait for the colleague to finish. The complainant later did the work and the colleague approached him to show him a scratch and said that the complainant would pay for this.

On the 7th July 2017, he was asked by workmates about the incident with the colleague. A week later, the complainant asked the colleague to help with a job, but he would not help. They did not communicate very much over this time. The manager was on holiday and returned on the 17th July 2017. The manager spoke to the complainant at about 12 noon and the complainant’s employment then ended.

After his employment ended, the complainant started a role in September 2017 as a driver. He had been paid €12 euro per hour with the respondent and received about €450 gross per week. He was earning less money now. In respect of returning to the respondent, the complainant said that it would be hard for him to go back because of what had happened. While the owner is professional, he was not there all the time. He had been underpaid for doing metal working and spray painting.

The company director said that the complainant joined the respondent in November 2015 and worked under an 11-month contract. While he had worked there before, there was a break in employment as the work was fickle. His line manager informed him of a week’s break in employment in June 2016. There was nothing in writing and no P45 document. There was no letter of dismissal. Any outstanding annual leave would have been paid. The company director said that there had been an altercation on the floor and the respondent acted on this. He accepted that the respondent was at fault and that this was not handled right. The respondent owed the complainant an apology and he should not have been dismissed.

CA-00012724-001

The respondent accepts that the complainant’s dismissal was unfair and should not have happened. It follows that the complaint of unfair dismissal succeeds. The complainant was paid €450 per week gross. His employment came to an end on the 17th July 2017 and says that he started self-employment at the end of September 2017. He earns less now in this role. At the adjudication, the respondent offered the complainant the opportunity to return to the respondent. This was an offer made in good faith. The complainant referred in reply to the physical interaction with a colleague.

The complainant is entitled to recover for his loss of wages between the 17th July 2017 and the end of September. This is a period of 10 weeks and I make an award of €4,400. I award the complainant a further €1,000 for ongoing losses beyond that date. The respondent shall pay to the complainant redress of €5,400 follow his unfair dismissal.

CA-00012724-001

For the reasons set out above, I find that the complaint made pursuant to the Unfair Dismissals Act is well founded and the respondent shall pay to the complainant redress of €5,400.

Unfair Dismissals Act