ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00010327
Parties:
Anonymised Parties | Complainant | Respondent |
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-00013772-001 | 06/09/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00013772-002 | 06/09/2017 |
Date of Adjudication Hearing: 15/02/2018
Workplace Relations Commission Adjudication Officer: Michael Hayes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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 respondent employed the complainant as a motor mechanic in the period from 1st of September 2015 until the 28th of June 2017. He was paid €857.10 gross and worked 40 hours per week. The parties were notified of the time, date and venue set for the hearing. |
Summary of Complainant’s Case:
CA000013772-001 The complainant submits that he was summarily dismissed from his employment on the 14th of June 2017. Two days before his dismissal he had requested a P60 and payslips from the respondent for the umpteenth time as he had a pressing housing need. The respondent said “you Indian C… get out”. He left and sent a text two days later to be told that he should remove his toolbox. He was subsequently paid until the 28th of June. He was successful in gaining alternative employment on the 28th of July 2017. CA000013772-002 The complainant submits that the respondent failed to provide written terms and conditions of employment in breach of s. 3 of the Act. |
Findings and Conclusions:
CA000013772-001 Based on the uncontested evidence adduced at hearing I find that the complainant was unfairly dismissed in what can only be described as the most ignominious and wholly unacceptable of circumstances. CA000013772-002 Based on the uncontested evidence adduced at hearing I am satisfied that no written terms and conditions were provided. This failure in the circumstances described is evidence of a total disregard of the complainant’s statutory rights by the respondent. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. 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.
CA000013772-001 The complaint is well founded. I hereby require that the respondent pay the complainant €4,800 (say four thousand eight hundred euro) in compensation for breach. CA000013772-002 The complaint is well founded. I hereby require that the respondent pay the complainant €2,580 (say two thousand five hundred and eighty euro) in compensation for breach. |
Dated: 30 May 2018
Workplace Relations Commission Adjudication Officer: Michael Hayes