Complainant

Respondent

Anonymised Parties

A Coffee Shop Supervisor

A Coffee Shop

Representatives

Gallagher & Co Solicitors

IBEC

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-00023592-001

27/11/2018

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00023593-001

27/11/2018

The complainant was employed by the respondent as a Supervisor from 15th December 2015 until 5th June 2018. The complaint was submitted to the Workplace Relations Commission on 27th November 2018 and relates to alleged Unfair Dismissal.

Note: This decision is based on Complaint Application No: CA-00023592-001. Complaint Application No: CA-00023593-001 is a duplicate complaint and is dismissed.

Preliminary Point

The respondent raised a preliminary point that the complainant resigned and was not dismissed. The respondent submits that the complainant took up new employment elsewhere and conveyed this to the area manager at a meeting in July 2018.

The respondent outlined that an incident took place in late May 2018 between the complainant and a work colleague. The Store Manager stated that she met with the complainant on or about 3rd June 2018 and tried to resolve the matter informally. The Store Manager stated that she had formed the view, based on her own experience, that the complainant was unwell and should not be at work.

The respondent stated that the Area Manager confirmed to the complainant that, despite his understanding from his conversation with the Store Manager, he was not dismissed. The Area Manager stated in evidence that she met with the complainant on two occasions; 13th June 2018 and the 11th July 2018. The Area Manager outlined that at the meeting on the 13th June 2018, she confirmed to the complainant that he was not dismissed. The Area Manager confirmed that the complainant had 73 hours of annual leave due to him and he agreed to take his annual leave until the end of June 2018. The Area Manager stated that at the meeting on the 11th July 2018, the complainant stated that he would be unable to return to the workplace and in any event had commenced a new job painting and was also commencing a sales job later in July 2018. The Area Manager confirmed that having given his verbal resignation at the meeting on 11th July 2018, the complainant confirmed his resignation by text on 16th July 2018 and that this was accepted by the respondent.

The complainant contends that he was dismissed by the Store Manager at a meeting on 5th June 2018. The complainant stated that the Store Manager told him that she had formed the view he was not fit to be at work and that his future shifts were cancelled and that he was dismissed. The complainant stated that there were no performance issues, there were no disciplinary warnings in place and there had been no complaint made in relation to the incident that occurred in May 2018 between the complainant and his work colleague. The complainant stated that the Store Manager attempted to investigate the incident that occurred without any formal grievance having been raised and simply took it upon herself to dismiss him from his employment.

The complainant stated that following the meeting with the Store Manager he sent a text message to the Area Manager on 10th June 2018 seeking confirmation of his dismissal and that his P45 be issued to him.

In relation to this complaint I find as follows:

The complainant alleges that he was dismissed by the Store Manager on or about 5th June 2018. The Store Manager confirmed in evidence that she had decided, that the complainant was not fit to be at work and cancelled his remaining scheduled shifts. It is clear from the evidence of the Area Manager that the Store Manager did not have the authority to dismiss the complainant without the involvement of the Area Manager. Any confusion that may have existed in relation to the complainant’s dismissal was clarified to him by the Area Manager at a meeting that took place on 13th June 2018. The Area Manager confirmed in evidence that the complainant was given the option of taking annual leave and it was subsequently confirmed that he had approximately 73 hours of annual leave to avail of.

The complainant, in a text/what’s app message to the Area Manager on 16th June 2018, sought to avail of his annual leave entitlement at that point and that was facilitated by the Area Manager.

In all of the circumstances of this complaint, I find that while the complainant may have initially considered himself dismissed by the Store Manager, it was quickly clarified to him by the Area Manager that he was not dismissed. Following the meeting with the Area Manager on 13th June 2018, the complainant appears to have accepted that he was not dismissed as he sought to take his annual leave entitlements after the alleged dismissal date.

In a follow up meeting with the Area Manager on the 11th July 2018, after the period of annual leave had ended, the complainant verbalised his resignation as he had commenced employment elsewhere and was also starting a new job later that month. The resignation was subsequently confirmed in writing by text/what’s app message to the Area Manager on 16th July 2018.

Having considered the matter, I conclude on the balance of probabilities that the complainant resigned from his employment and was not dismissed.

Having considered the submissions of both parties and all of the evidence adduced at the adjudication hearing, I find that, as the complainant resigned from his employment, the complaint of alleged unfair dismissal is not well founded.

Unfair Dismissal