ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00009661
Parties:
| Complainant | Respondent |
Anonymised Parties | Pipe fitter | engineering |
Representatives | Richie Browne Unite the Union, G. Russell | No show |
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-00012671-001 | 20/07/2017 |
| CA-00012671-003 | 20/07/2017 |
Date of Adjudication Hearing: 17/01/2018
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, r 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).
Complaint CA-00012671-003 withdrawn at hearing
Unfair Dismissal Act 1977
CAS-00012671-001
Background
The claimant was employed by the respondent from the 2nd April 2012 until the 12th February 2017 as a pipe fitter.
He worked 39 hours per week and he was paid €14 per hour. The claimant stated that he was Unfairly Dismissed having over 12 months’ service.
He submitted that on the 11th February he raised the subject of a pay increase with the respondent who became obnoxious and an altercation occurred.
The claimant stated up to then he was collected every Monday at 6 am to go to Dublin and since that date he has not been collected.
He called to the office to inquire about his job and he was told that by the respondent he” let him know in a week or two”.
He received his P45 in the post in May 2017. He was given no reason why he was let go. He was left completely in the dark, he had no opportunity to defend himself or neither was he given right of appeal by the respondent
Findings
The respondent did not attend.
Based on the uncontested evidence I find that fair procedures were not applied by the respondent and the Dismissal is Unfair.
Recommendation
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
Based on the uncontested evidence I award the claimant €6500 in compensation.
Dated: 28 March, 2018.
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Key Words: