ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00013695

Parties: 

Complaints:

Date of Adjudication Hearing:  13/06/2018

Workplace Relations Commission Adjudication Officer:  Rosaleen Glackin

Procedure:

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

BACKGROUND.

The Complainant was employed from 5th August 2016 until the employment was terminated by the Respondent on 30th December 2017. He was paid £9.25 an hour and he worked 35 hours a week. The Complainant referred complaints to the Workplace Relations Commission on 12th March 2018 alleging breaches by the Respondent of the Terms of Employment (Information) Act, 1994 – a breach of the Unfair Dismissals Act, 1977 – 2015 and the Minimum Notice and Terms of Employment Act,

The Complainant also submitted a complaint under the Employment Equality Act, 1998 but this was withdrawn at the Hearing.

SUMMARY OF COMPLAINANT’S POSITION.

Terms of Employment (Information) Act, 1994. The Complainant stated he was not provided with a written statement of his Terms and Conditions of Employment during the course of his employment

Unfair Dismissals Act, 1977 – 2015. The Complainant stated that following Christmas the Manager came to him and informed him that he was not being placed on the Roster on the instruction of the General Manager. He stated that effective from 29th December 2017 he was not rostered for work. He was not on the Roster for the month of January 2018 and he stated that another named employee was recruited and commenced employment as per the Roster on 4th January 2018 onwards. He stated he never got a letter of dismissal from the Respondent.

The Complainant stated that he had not secured employment since his dismissal and that he had been in receipt of Jobseekers Benefit from January 2018 until the date of the Hearing. He stated that he did get a placing on a “Security” course which he paid for and he stated that he now has a security licence and is seeking work.

Minimum Notice and Terms of Employment Act, 1973. The Complainant stated he was not paid his one week’s minimum notice on termination of his employment. He provided an email dated 9th January 2018 which had been sent to the Respondent seeking payment of his Minimum Notice. There was no response from the Respondent. The Complainant also provided copies of his payslips dated 31st December 2017 and 7/1/2018.

SUMMARY OF RESPONDENT’S POSITION.

The Respondent did not attend the scheduled Hearing on 13th June 2018.

FINDINGS AND CONCLUSIONS.

On the basis of the evidence and on the uncontested evidence of the Complainant I find as follows –

Terms of Employment (Information) Act, 1994 CA-00017881-003 -  I declare this complaint is well founded. The Respondent has breached Section 3 of the Act in that the Complainant was not provided with a written statement of his Terms and Conditions of Employment within the period of two months of the commencement of the employment.

Unfair Dismissals Act, 1977 – 2015 – CA-00017881-002 – The Respondent provided a letter dated 5th January 2018 to “Whom It May Concern” stating in part as follows – “Due to the level of business, and the lack of hours of work, (named) last day with us was Saturday December 30th 2017.”. However the Complainant provided the Roster for the month of January 2018 which shows that a new employee is rostered for work with the Respondent effective from 4th January 2018.  I find that the Complainant was unfairly dismissed without fair procedures and natural justice and that he was replaced in the employment by another named Employee.

Minimum Notice and Terms of Employment Act, 1973. The evidence from the payslips provided by the Complainant to the Hearing that the Complainant was not paid his minimum notice entitlements on the termination of his employment. The Complainant provided evidence to the Hearing that he sent an email to the Respondent seeking his minimum notice and there was no response from the Respondent.   I find the Complainant is entitled to payment of one week’s minimum notice.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

CA-00017881-003. On the basis of the evidence, my findings above and in accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare this complaint is well founded. I direct the Respondent to pay the Complainant compensation of £200.00 within 42 days of the date of this Decision.

CA-00017881-001. On the basis of the evidence, my findings above and in accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare this complaint is well founded. I direct the Respondent to pay the Complainant the sum of £323.75, subject to any lawful deductions, within 42 days of the date of this Decision

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.

CA-00017881-002. On the basis of the evidence, my findings above and in accordance with Section 8(1)(c) of the Act I declare this complaint is well founded. The Complainant was unfairly dismissed. I direct the Respondent to pay the Complainant compensation of £10,000.00 within 42 days of the date of this Decision.

Dated:   07/09/2018

Workplace Relations Commission Adjudication Officer:  Rosaleen Glackin

Key Words: