ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015513
Parties:
| Complainant | Respondent |
Anonymised Parties | A Pastry Chef | A Restaurant |
Representatives | In person | Did not attend |
Dispute:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00020109-001 | 30/06/2018 |
Date of Adjudication Hearing: 25/03/2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
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 was employed by the employer as a Pastry Chef from 7th February 2018 until her dismissal on 13th June 2018. This dispute concerns alleged Unfair Dismissal. |
Summary of Complainant’s Case:
The worker stated that she worked for the employer every Monday, Wednesday and Friday as a Pastry Chef. The worker contends that on Friday 8th June 2018, she informed the Head Chef that her partner was undergoing Surgery on Monday 11th June and that she wanted to work on Tuesday 12th June instead. The worker stated that the Head Chef agreed to this and she did not attend work the following Monday. The worker stated that she received a text message from the General Manager on Monday evening telling her that there was no need for her to attend work on the Tuesday and to come in as normal on the Wednesday. The worker stated that when she attended work on Wednesday 13th June 2018 she was dismissed by the General Manager. The worker stated that the General Manager told her “it is not working out” and terminated her employment with immediate effect. The worker stated that the General Manager also stated that the worker was wasting food and had incurred unnecessary costs for the business. The worker confirmed that there had been no performance issues during her employment. The worker is claiming Unfair Dismissal and is seeking compensation. The worker confirmed that she was unemployed for approximately six weeks and then began a new full-time position elsewhere. |
Summary of Employer’s Case:
The employer did not attend the adjudication hearing and was not represented. |
Findings and Conclusions:
It is regrettable that the employer did not attend the adjudication hearing to put forward its position in relation to the dispute. Having considered the worker’s verbal submissions and in the absence of any input from the employer in relation to the dispute, I am satisfied that the worker gave an honest and credible account of the events that led to her dismissal. In all of the circumstances of this dispute, I find that dismissing the worker without formally raising any performance issues or without giving her an opportunity to respond or appeal the decision to dismiss her was unfair and at variance with the principles of natural justice. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I find that the worker was unfairly dismissed by the employer. I recommend that the employer pay the worker €2500 in compensation. |
Dated: 1st July 2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Unfair Dismissal, Industrial Relations Recommendation |