ADJUDICATION OFFICER DECISION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Parties |
| Complainant | Respondent |
Anonymised Parties | Manager | Restaurant |
Representatives |
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Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00027395-004 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 – 2015following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant was employed as a manager from 25th September 2017 to Mid-March 2019. He was paid a basic €679.80 for 30 hours. He has claimed that he was unfairly dismissed and has sought compensation. |
Summary of Complainant’s Case:
The Complainant stated that he was manager of the Dun Laoghaire and IFSC restaurants. He informed the owner that he wanted to 9 days holidays as he had no holidays previously. Initially the owner did not want to agree to this but eventually he agreed one-month in advance of taking the holidays. He asked for holiday pay and was referred to the Accountant who only gave him €90. Rosters are posted on the group work chat and while he was on holidays he noticed that he was taken off the Dun Laoghaire roster. He phoned the owner who told him not to report there anymore. When he returned from holidays he worked in the IFSC site and after two weeks the owner closed the restaurant. He stated that the owner deliberately moved him to the IFSC site knowing that he was going to close it. He believes that he was dismissed. He found work with the new operator of the restaurant when it re-opened one month later. He is working the same hours for more money. He is seeking compensation for the unfair dismissal. |
Summary of Respondent’s Case:
The Respondent did not attend and was not represented. |
Findings and Conclusions:
Based on the uncontested evidence before this hearing I find as follows. On the balance of probability, I find the evidence of the Complaint compelling. I find that the Owner deliberately moved the Complainant exclusively to the IFSC site knowing that he was going to close it down. I note that the Respondent did not pay any severance pay or minimum notice either. I find that the Complainant’s employment was terminated without any recourse to natural justice or fairness. I find that he was unfairly dismissed. I note that he found work within four weeks of his dismissal and so has mitigated his loss to four weeks. |
Decision:
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
I have decided that this claim is well founded.
I have decided that the Complainant was unfairly dismissed from his employment.
I have decided that compensation is warranted in this case.
I require the Respondent to pay the Complainant compensation of €2,719.20 within six weeks of the date below.
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Dated: 24th June 2019
Workplace Relations Commission Adjudication Officer:
Key Words:
Unfair dismissal |