Complainant

Respondent

Anonymised Parties

An Employee

A Retailer.

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts

CA-00021709-001

10/09/2018

On the 17th of July 2018 the Complainant was going to take his break and he had a cup of pot noodles which were very hot in his hand. Whilst he was walking down the aisle a young boy turned suddenly causing him to crash into him and the hot water to pour down the boy’s shoulder. The Complainant did everything he could to try and help the boy. He apologised to the boy’s mother also. The Complainant accepts that he has been told to take his breaks in the staff room. However, he only gets a 15-minute break because he works only 5 hours a day. Most of the staff take their breaks at the deli which is situated on the shop floor. The following day he was informed by a work colleague that his name had been removed off the roster. The Manager spoke to him and told him that he was most unhappy about the incident and that he was suspending him without pay for 2 weeks. He tried to explain that it was just an accident and that he did feel very bad about it, but the Manager wouldn't listen and just told him that he was being suspended for 2 weeks. The complainant called his Manager after two weeks, but he was told by his Manager that there was no job there for him. He was given his P45 and his holiday pay that was due to him that was the last he heard from the Respondent.

Whilst the Complainant was working for the Respondent he also had another part time job which he did for about 15 to 20 hours per week. He continues to do that job since his dismissal but has not been successful in getting another part time job to substitute his job with the Respondent.

On the 17th of July,2018 the Complainant was working on the Respondent’s shop floor. During a break he was observed on CCTV drinking a cup of hot noodles whilst standing in the isles of the store. A young boy who was in the store at the time and standing beside the Complainant, turned around suddenly crashing into the Complainant. The hot or boiling water poured onto the boy’s shoulder. The young boy became very distressed due to the pain of the burn. The store owner who was not in the premises at the time was informed of the incident by her supervisor that night. The mother of the boy came into the store the next day to file a complaint. She spoke with the owner. She informed her that she intended to go to a solicitor and to file a personal injury claim. She informed the owner that she had to take her son to the hospital the evening before due to the severity of the burn. The owner then reviewed the CCTV of the incident. There is no doubt from the CCTV that the complainant did spill the boiling water over the child. The owner spoke to the complainant and told him that he would have to be more careful. She couldn't deal with the matter at that time as she was travelling to China to see her father, who was seriously ill. The manager spoke to the complainant and informed him that he was to have all of his breaks in the staff room. There is a notice on the staffroom door informing all staff that they must take their breaks in the staff room. The Manager reported that he experienced a very bad attitude from the Complainant, so he suspended him for 2 weeks. He did so because he wanted him to have a think about what he had done and to change his attitude. The Complainant was suspended without pay. After the 2 weeks the Manager spoke to the complainant again but was still not happy with his attitude, so he dismissed him. The Complainant was issued with a P45 and paid all of his holiday pay due to him.

The Complainant was dismissed from his employment in the absence of any procedures. There was no investigation, no disciplinary hearing and he was not given an opportunity to defend himself or to appeal the decision to dismiss. Furthermore, it would seem from the evidence of the owner that he was not dismissed for the incident on the 17th July but because the Manager took exception to his attitude. The Respondent’s handling of the entire matter clearly breached the complainant’s right to fair procedures and natural justice.

I recommend that the Respondent pay to the Complainant the sum of € 6,000.00.

The claim succeeds. I recommend that the Respondent pay to the Complainant the sum of € 6,000.