Complainant

Respondent

Anonymised Parties

A Groundworker

A Construction Company

Representatives

The Complainant attended the Hearing in person and was not represented

The Respondent did not attend or was not represented at the Hearing

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00025052-001

16/01/2019

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

CA-00025052-002

16/01/2019

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

CA-00025052-003

16/01/2019

The Complainant/Worker was employed by the Respondent/Employer as a Groundworker 3 July, 2018 until 28 December, 2018 when he was dismissed from her employment. The Worker claims that he was unfairly dismissed from his employment and that the manner in which the dismissal was effected was procedurally flawed. The Worker has referred this matter for adjudication in accordance with the provisions of Section 13 of the Industrial Relations Act 1969.

The Complainant claims that the Respondent made unlawful deductions from his wages in relation to outstanding wages and payment in lieu of notice contrary to Section 5 of the Payment of Wages Act 1991 on the termination of his employment.

The Complainant claims that he did not receive his statutory notice entitlements contrary to Section 4(2) of the Minimum Notice and Terms of Employment Act 1973 when his employment was terminated by the Respondent.

CA-00025052-001 – Complaint under the Payment of Wages Act 1991

The Complainant claims that the Respondent failed to pay him in respect of his final week’s wages amounting to €600.00 on the termination of his employment on 28 December, 2018. The Complainant claims that the Respondent’s failure to pay this amount constitutes an unlawful deduction from her wages contrary to Section 5 of the Payment of Wages Act 1991.

The Complainant withdrew the complaint at the oral hearing in relation to the alleged unlawful deduction in respect of his statutory notice entitlements on the basis that this claim is also covered by the complaint under the Minimum Notice and Terms of Employment Act, 1973.

CA-00025052-002 – Dispute under the Industrial Relations Act 1969

The Worker was employed by the Employer as a Groundworker. On 20 December, 2018, the Worker was working on a job for the Employer which involved the pouring of concrete from a lorry. During this process the Worker had occasion to request the lorry driver to slow down because the concrete was being poured too quickly from the vehicle. The Worker claims that that he had an amicable interaction with the lorry driver in relation to this matter and denies that there was any altercation between them on this occasion.

The Worker was unable to attend work on 21 December, 2018 due to sickness and contends that this was the first day of sick absence that he had taken during his period of employment with the Employer. The Worker was on leave for the next few days during to the Christmas holidays but did not receive payment into his bank account of his wages on Friday, 28 December, 2018. The Worker contacted the Employer to establish the position in relation to his outstanding wages and was informed by the Employer that he was dismissed because he had abused the lorry driver on 20 December, 2018.

The Worker denies that he abused or acted inappropriately towards the lorry driver on this occasion. The Worker contacted the Employer’s office on 7 January, 2019 and asked the Employer’s Office Manager to provide him with a letter confirming the reason he had been dismissed.  The Worker contends that the Employer’s Office Manager telephoned him later and informed him that he had been laid off as a result of the cancellation of a contract. The Worker does not accept that this was the reason for his dismissal and contends that the Employer had plenty of work available at the material time in question. The Worker claims that he was unfairly dismissed from his employment and that the manner in which the dismissal was effected was procedurally flawed.

CA-00025052-003 – Complaint under the Minimum Notice and Terms of Employment Act 1973

The Complainant submitted that he was employed by the Respondent from 3 July, 2018 until 28 December, 2018 when he was summarily dismissed from his employment without any prior notice or payment in lieu thereof.  

CA-00025052-001 – Complaint under the Payment of Wages Act 1991

The Respondent did not engage with the WRC or attend the oral hearing in relation to the instant complaint.

CA-00025052-002 – Dispute under the Industrial Relations Act 1969

The Employer did not engage with the WRC or attend the oral hearing in relation to the instant dispute.

CA-00025052-003 – Complaint under the Minimum Notice and Terms of Employment Act 1973

The Respondent did not engage with the WRC or attend the oral hearing in relation to the instant complaint.

CA-00025052-001 – Complaint under the Payment of Wages Act 1991

Based on the uncontested evidence of the Complainant, I find that the Complainant was entitled to payment in respect of one week’s wages which were unpaid on the termination of his employment.

Having regard to the foregoing, I find that the Respondent made an unlawful deduction from the Complainant’s wages contrary to Section 5 of the Act. Accordingly, I find that the complaint is well founded.

CA-00025052-002 – Dispute under the Industrial Relations Act 1969

This dispute was referred to the Workplace Relations Commission under Section 13 of the Industrial Relations Act, 1969 and, in essence, concerns a claim of unfair dismissal.

The Employer did not attend the hearing and I find that it is regrettable that the Employer was not present to avail of the opportunity to explain its version of events giving rise to this dispute.

The Worker has claimed that he was unfairly dismissed from his employment and that the manner in which the dismissal was effected was procedurally unfair.

Having considered the uncontested evidence, I find that the Worker was dismissed by the Employer with effect from 28 December, 2018. I find that there was a manifest failure by the Employer to adhere to the basic requirements of procedural fairness in reaching the decision to terminate the Worker’s employment. I find that the Worker’s employment was terminated in a manner which was procedurally flawed and in breach of the Code of Practice on Grievance and Disciplinary Procedures (SI. No. 146 of 2000). This Code of Practice is promulgated pursuant to Section 42 of the Industrial Relations Act 1990 and an Adjudication Officer is obliged to have regard in deciding on any case to which it relates.

Having regard to the foregoing, I find that the dismissal of the Worker was unfair. In the circumstances, I find that the Worker is entitled to compensation for the manner of the dismissal and I recommend that he be paid the sum of €1,500.00.

CA-00025052-003 – Complaint under the Minimum Notice and Terms of Employment Act 1973

Based on the uncontested evidence of the Complainant, I find that the Complainant had been employed by the Respondent from 3 July, 2018 until 28 December, 2018 when his employment was terminated.  Therefore, the Complainant had accrued a statutory entitlement to one week’s notice in accordance of the provisions of Section 4(2)(a) of the Act on the termination of his employment. 

I find that the Complainant was not afforded his statutory notice entitlement or payment in lieu thereof prior to the termination of his employment with the Respondent. Accordingly, I find that the Complainant is entitled to compensation in respect of one week’s notice in accordance with the aforementioned provisions of the Act.

CA-00025052-001 – Complaint under the Payment of Wages Act 1991

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

I find that the Respondent made an unlawful deduction from the Complainant’s wages contrary to Section 5 of the Payment of Wages Act 1991, and accordingly, that the claim is well founded. I hereby direct that the Respondent pay the Complainant the sum of €600.00, subject to any lawful deductions in respect of unpaid wages on the termination of his employment.

CA-00025052-002 – Dispute under the Industrial Relations Act 1969

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 from his employment. I recommend that the Worker be paid the sum of €1,500.00 in full and final settlement of the dispute.

CA-00025052-003 – Complaint under the Minimum Notice and Terms of Employment Act 1973

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

I find that the complaint is well founded and in accordance with the provisions of Section 12(1) of the Minimum Notice and Terms of Employment Act, 1973, I order the Respondent to pay to the Complainant the sum of €600.00 being the equivalent of one week’s pay as compensation for the breach of Section 4(2) of the Act.

Payment of Wages Act 1991 – Section 5 – Unpaid Wages - Industrial Relations Act 1969 – Section 13 – Unfair Dismissal - Minimum Notice and Terms of Employment Act 1973 – Section 4(2) - Payment in lieu of notice