ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Anonymised Parties | A Security Worker | A Security Company |
Representatives |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00023630-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969 following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.
Background:
The worker commenced his employment on 22nd November 2017 and his employment ceased on 3rd October 2018. The employer details his employment was terminated because of downsizing in the organisation that also affected other employees. |
Summary of Worker’s Case:
The worker detailed that he was engaged in a contract whereby the employer did not give him any guarantee of hours.
He made a complaint about tasks he was asked to do while working at a client site during the middle of 2018. He was moved to another site and received limited hours thereafter.
It was detailed that he found out through a letter that there was no more work for him that and that no appropriate procedure applied to the termination of his employment. |
Summary of Employer’s Case:
The employer disputed that the worker had been treated unfairly.
It was outlined that his employment was terminated owing to a downsizing exercise and thus redundancy was the reason for the termination.
The worker did raise an issue verbally around May/June 2018 but did not submit anything in writing and continued to carry out his duties.
The worker was not the only person impacted by the downsizing exercise. |
Findings and Conclusions:
It would appear that the employer was going through a downsizing exercise. It was unclear from the evidence what criteria was applied with regard to who was selected for redundancy.
The worker found out through a letter in the post that his position had been terminated, which was not appropriate.
Due to the unique circumstances of this case I award the worker €850 for the upset caused and the absence of any evidence of procedure in the termination of his employment. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
Due to the unique circumstances of this case I award the worker €850 for the upset caused and the absence of any evidence of procedure in the termination of his employment. |
Workplace Relations Commission Adjudication Officer:
Key Words:
Industrial relations act, |