ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00013062

Parties:

Complaint(s):

Date of Adjudication Hearing: 30/07/2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell

CA-00017186-003

Organisation of Working Time Act 1997 was withdrawn at the hearing

Procedure:

In accordance with Section 41 of the Workplace Relations Act, Section 8 of the Unfair Dismissals Acts, 1977 - 2015, following the referral of the complaints to me by the Director General, I inquired into the complains and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints

CA-00017186-001

Unfair Dismissal Act 1997

Background

The Claimant worked for the Respondent from the 1st of September 2005 until the 29th September 2017 as an Assembly Operator.

He was paid €466 gross (€400 net) working a 39-hour week.

The Claimant was dismissed from his employment with the Respondent on the 29th of September 2017.

Respondents Arguments

The Claimant was dismissed following a complaint made by his Supervisor for physically threatening her, with clenched fist the Complaint said, “If you were a man I would punch you in the face” and demonstrated the point by throwing a clenched fist into his open palm.

The Claimant admitted saying the above but offered no apology or any signs of remorse.

The Claimant was afforded the right of representation during the process.

The Claimant was provided the right of appeal.

The internal procedures were exhausted and on determining the redress, considering the lack of remorse and the Respondents duty of care to all its employees, the Respondent was left with no realistic alternative but to dismiss the Complainant.

Unions Arguments

The Claimant was dismissed following a complaint made by his Supervisor for physically threatening Complainant was not afforded fair and due process during the investigation.

The Respondent did not follow fair procedures.

The Complainant had an unblemished record for the 12 years prior to the incident in question and this was not considered, that the decision to dismiss was disproportionate and too severe.

Findings

I find that the Complainant admits saying to his supervisor “If you were a man I would punch you in the face” while illustrating the point by throwing his fist into his open hand.

I find the Complainant offered reason for the above verbal and physical action because of the treatment given to him by his Supervisor.

I find that the process deployed by the Respondent to be unfair in that the Complainants witnesses were not interviewed whom may have offered context the Respondent may have used in assessing if possible exceptional circumstances were present that may have contributed to the actions of the Complainant.

I find the failure of the respondent to interview these witnesses as breach fair procedures.

Decision

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I decide in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.

I the claimant was Unfairly Dismissed however, the Complainant significantly contributed to his dismissal, I award the Complainant €7, 000 in compensation.

Minimum Notice and Terms of Employment Act 1973

CA-00017186-002

The Claimant worked for the Respondent from the 1st of September 2005 until the 29th September 2017 as an Assembly Operator.

He was paid €466 gross (€400 net) working a 39-hour week.

Findings

I find that the claimant was entitled to his notice in accordance with the act.

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.

I award the claimant 6 weeks’ notice value of €2796 gross.

Dated:   9th November 2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell