Complainant

Respondent

Anonymised Parties

An Office Administrator

A Retail Clothing Shop

Representatives

In person

Did not attend

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00022445-001

05/10/2018

The worker was employed as an Office Administrator/Customer Service Manager from January 2018 until her dismissal on 25th July 2018. The worker is claiming that she was unfairly dismissed when she was allegedly made redundant due to the relocation of the company. The dispute was referred to the Workplace Relations Commission (WRC) on 5th October 2018.

The worker started that she was absent from work on sick leave from 26th June 2018 until 15th July 2018 and received a letter confirming her redundancy with effect from 25th July 2018. The worker stated that prior to receiving notice of her redundancy the employer had been the subject of negative publicity on line and in numerous newspapers concerning its business practices relating to refunds.

The worker stated that she was named as the Customer Services Manager in the media and she too received negative comments in relation to how the employer was conducting its business and in relation to her role as its Customer Services Manager. The worker stated that she was selected for redundancy having been informed that the employer was relocating to the UK. The worker stated that only a part of the business relocated to the UK and the position from which she was made redundant in July 2018 was advertised again, at the same location, in September 2018. The worker stated that she applied for the position in September 2018 and received correspondence on 3rd October 2018 that she had been unsuccessful in her application. The worker then submitted her complaint to the WRC.

The worker submits that she was unfairly dismissed by the employer and is seeking compensation in that regard.

The employer did not attend the adjudication hearing and was not represented.

It is regrettable that the employer did not attend the adjudication hearing to put forward its position in relation to the dispute.

The worker stated that she was unfairly dismissed by the employer following negative comments in the media about its business, which also named the worker as the employer’s Customer Services Manager. The worker stated that the employer dismissed her as a means by which it could enhance its public image following the media publications relating to its previous business practices.

I find that the worker gave an honest and credible account of the circumstances that led to her dismissal. The fact that the worker’s position was advertised at the same location, within a short time after she was made redundant due to the company’s supposed relocation, is sufficient in my view for the worker to succeed in her referral to the Workplace Relations Commission.

I note that the worker commenced new employment in August 2018 which lasted until November 2018. The worker was then unemployed until January 2019 when she commenced a new full-time position and remains employed to date.

In all of the circumstances of this referral, I am satisfied that the worker was unfairly dismissed. I recommend that the employer pay the worker €3,000 in compensation.

Unfair dismissal