Complainant

Respondent

Anonymised Parties

Bar worker

Bar and Nightclub

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-00022846-001

25/10/2018

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00022846-002

25/10/2018

The Complainant’s case is that she started working for the Respondent in September 2016. Initially she worked two nights a week, then increasing to three and four nights a week. She worked on average twenty to thirty hours per week.

In January 2018 her hours began to decrease. She received no warning or explanation. Her rostered hours went from twenty-five to thirty hours per week to five to ten hours per week and then she wasn’t rostered at all.

She questioned management as to why this happened and requested her hours to be reinstated. The reply she was given was that her hours were reduced because there were not enough hours for staff.

The Complainant disputed this because there were a number of staff hired after her whose rostered hours didn’t decrease.

She eventually received a letter from the Respondent saying that she was being dismissed. The letter is undated. It was signed by a director of the Respondent.

It stated that “for the purpose of clarification, I confirm that due to cost cutting measures within the business the decision has been made to terminate your part time employment with the Respondent from the 1st of May 2018”.

This letter was given to the Complainant in July by the company director.

The Complainant received no termination payment. There was no process entered into prior to her dismissal. She received no reason for her selection for dismissal. She was not given any notice of the termination of her employment.

The Complainant later received a P45 stating the date of cessation as the 1st of May 2018.

A liquidator was appointed to the Respondent in the autumn of 2018.

There was no appearance at the hearing. No written submission was lodged.

CA-00022846-001

I find that there was no procedure or engagement with the Complainant prior to her dismissal. There is no selection process. Because of this the Complainant was unfairly dismissed.  

I accept that the Complainant made all reasonable efforts to secure alternative employment and she submitted a list of employers to which she sought employment and details kept of the outcome.

The Complainant took up new employment on the 18th of September 2018.   This new role involved working in another bar in the town on more hours with a higher salary.

The Complainant’s loss between the 5th of May 2018 and the 18th of August 2018 is nineteen weeks. This amounts to a loss of €4,161.00 which is the redress that I award under Section 7 of the Unfair Dismissals Act 1977 as amended being the financial loss attributable to the dismissal.

CA-00022846-002

This claim is in relation to non-payment of notice.

I accept the Complainant’s evidence that she was not paid her statutory notice period.   I award the sum of €438.00 being two weeks service.

CA-00022846-001 : The claim is well founded. I award the complainant €4,161.00

CA-00022846-002: The claim is well founded. I award the complainant €438.00

Unfair dismissal