ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00018286
Complainant
Respondent
Anonymised Parties
Driver
Drain Maintenance Company
Representatives
SIPTU
Complaint(s):
Act
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977
CA-00023481-001
23/11/2018
Date of Adjudication Hearing: 22/01/2019
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
In accordance with Section 8(1)(a) of the Unfair Dismissals Act of 1977 (as substituted), and where a claim for redress under the Unfair Dismissals legislation is being made,
In accordance with Section 8 (1)(a) of the Unfair Dismissals Act of 1977 (as substituted) and where a claim for redress under the Unfair Dismissals legislation is being made the claim is referred to the Director General of the Workplace Relations Commission who in turn refers any such claim to an Adjudication Officer, so appointed, for the purpose of having the said claim heard in the manner prescribed in Section 41 of the Workplace Relations Act, 2015 and in particular the said Adjudication Officer is obliged to make all relevant inquiries into the complaint. The Adjudication Officer will additionally and where appropriate hear all relevant oral evidence of the parties and their witnesses and will take into account any and all documentary or other evidence which may be tendered in the course of the hearing.
In particular, and in circumstances where the Complainant herein has referred a complaint of having been unfairly dismissed form his place of employment wherein he had worked for in excess of one year and where the Workplace Relations Complaint Form (dated the 23rd of November 2018) issued within six months of his dismissal, I am satisfied that I (an Adjudication Officer so appointed) have jurisdiction to hear the within matter
Background:
The Complainant herein was a driver with the Respondent company and issued a Workplace Relations Complaint Form on the 23rd of November 2018 following his dismissal from the workplace on the 2nd of July 2018.
Summary of Complainant’s Case:
The Complainant was represented by his Union Official who prepared a comprehensive submission for my consideration. The Complainant also gave oral evidence. The evidence and submissions were not challenged.
Summary of Respondent’s Case:
The Respondent was not present and had made no representation regarding this matter. I am satisfied that the Respondent was on notice of the hearing date having been notified at the registered office on the 2nd of January.
Findings and Conclusions:
The Complainant joined the Respondent company in May of 2017 and worked without incident until July of 2018. On the 2nd of July the Complainant was unexpectedly called to the office of a Mr. D who is a Director/Owner of the Company. The Complainant was accused of looking for work elsewhere and therefore deemed to be unhappy. The Complainant was dismissed peremptorily. The Complainant was given no right of reply, no notice and was not allowed to appeal this decision.
Despite the existence of both Disciplinary and Grievance policies, neither was invoked. Whilst the Complainant notified his Union representative, the Employer refused to engage in any meaningful way. The Complainant was provided with a P45 in due course.
The Complainant was out of work for eight to ten weeks and is at a remunerative loss.
I am absolutely satisfied that the dismissal herein was Unfair and operated to remove the Complainant from his place of work in a summary manner and without reason or justification.
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.
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 - CA-00023481-001: -
The Complainant’s complaint succeeds, and I award the sum of €10,560.00
Dated: 14th May 2019
Workplace Relations Commission Adjudication Officer: Penelope McGrath