ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00009563

Complaint(s):

Date of Adjudication Hearing: 16/01/2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance 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).

Background

The Claimant was employed by the respondent from the 5th September 2016 to the 29th April 2017. He was paid €2082 per month working a 40 hour week.it was submitted on his behalf that he was dismissed because of his Trade Union Activities. It was stated that he was distributing Trade Union leaflets in the workplace to address the bullying and harassment being experienced by him. It was stated that one of the claimant's supervisors (name supplied) did not like the claimant's activities and in the course of a conversation, he decided that the claimant was “borderline Aggressive”. The claimant’s union wrote to the respondent to have the remark withdrawn and it was not investigated. It was stated that the claimant was dismissed because of his trade union activities.

The respondent for their part submitted a timeline of key dates of issues involving the claimant during his employment with them. The respondent denied that the claimant’s dismissal had anything to do with his Trade Union membership. It was stated that when the claimant was invited to on the 21st April he was asked if he wished to be accompanied in advance of the meeting and the claimant confirmed that he wished to proceed. The claimant was dismissed because of his behaviour since his employment commenced on the 5th September with his behaviour on the office floor being loud and in appropriate behaviour on the 5 on the 4th October 2016.

Findings

Both parties made written and verbal submissions at the hearing.

I find that having examined all the documents submitted that the claimant’s behaviour since commencing employment was an issue for the respondent.   I find based on the evidence presented at the hearing the claimant was dismissed for his own behaviour and not for his activities in distribution trade union leaflets or his Trade Union activities

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.

I find that I cannot support the claimant’s case for unfair dismissal and therefore his claim falls

Dated:   16/05/2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell