Complainant

Respondent

Anonymised Parties

An Employee

A Landscape Company

Representatives

Self represented

Marie Brody, Solicitor

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00028979-001

11/06/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00028979-002

11/06/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

CA-00028979-003

11/06/2019

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

CA-00028979-004

11/06/2019

CA-00028979-001 – Terms of Employment (Information) Act 1994

The Complainant’s complaint is that she did not receive a contract at the beginning of her employment and that she had many disputes with the Respondent about the terms and various other matters.

CA-00028979-002 – Industrial Relations Act 1969

The Complainant contends that she was unfairly dismissed during her probation period. She stated that she was ‘headhunted’ by the Respondent to come and work for him. She was tasked with the setting up of the company changing it from sole trader. She stated that she was a Company Secretary. She stated that she was not given a written contract until January 2019 and that the terms in it were unfair and unacceptable, having four jobs listed.

CA-00028979-003 – Industrial Relations Act 1969

The Complainant contends that she was subjected to bullying and harassment in her employment.

CA-00028979-004 – Industrial Relations Act 1969

The Complainant contends that she was unfairly dismissed during her probation period.     (Duplicate of CA-00028979-002).

CA-00028979-001 – Terms of Employment (Information) Act 1994

The Respondent submitted documentation showing that the Complainant performed accounting services for his business and billed him for these up to January 2019 when she was employed on a 20 hours a week contract from thereon in until 11th February 2019 when her employment was terminated. A copy of the written contract of employment which stated that her employment commenced on 7th January 2019 was supplied in evidence.

CA-00028979-002 – Industrial Relations Act 1969

The Respondent submits that he was entitled to dismiss the Complainant during her probationary period. Her written contract states “Your employment will be probationary for the first 3 months. If this agreement is terminated within the probationary period it shall be at the discretion of the Company and in this case 1 weeks notice will be given”.     It is further submitted that the Respondent found it necessary to terminate the services of the Complainant for a number of reasons, for example, she had committed a serious transgression by writing to the Respondent’s previous Accountant demanding return of files and threatening legal action. This was done despite the Respondent asking her not to. The Complainant also described herself as a Fund Accounting Manager, sought for another employee Ms E to be sacked, made numerous demands for information and facilities and was in constant conflict with her employer. It is argued that the Respondent had no option but to terminate her employment.

CA-00028979-003 – Industrial Relations Act 1969

The Complainant contends that she was subjected to bullying and harassment in her employment.     The Respondent is at a loss to understand this claim. The Complainant was given everything she requested, PC, Printer, hourly wage requested. She had some conflict with Ms E but it is emphatically denied that she was bullied or harassed by either the Respondent or his employees.   The Complainant had never raised an issue regarding this while in employment.

CA-00028979-004 – Industrial Relations Act 1969

The Complainant contends that she was unfairly dismissed during her probation period.     (Duplicate of CA-00028979-002).

CA-00028979-001 – Terms of Employment (Information) Act 1994

The Respondent submitted a copy of the written contract of employment which stated that her employment commenced on 7th January 2019.   The purpose of the Terms of Employment (Information) Act is that employees are entitled to be furnished with written terms of conditions of Employment. The Act does not provide for adjudication on disputes regarding those terms, simply that they are given or not. I note the written terms provided and I have decided therefore that this complaint is not well founded.

CA-00028979-002 – Industrial Relations Act 1969

The Respondent submits that he was entitled to dismiss the Complainant during her probationary period.  I note that the employment relationship had effectively broken down when the Respondent dismissed the Complainant. However, Statutory Instrument S.I.146/2000 provides for a code of practice for employers when dealing with grievance and disciplinary procedures with employees.     The basic requirements when dealing with employees transgressions are that the employee has the right to know what the charges are, the right to reply/be heard, the right to representation and the right of appeal. The Labour Court has found that these basic requirements are also valid during probationary periods. I note in this instant case, the principles or practice were not followed by the Respondent. While I have no doubt that the Respondent had major concerns about his employee’s behaviour, he erred in not invoking the disciplinary procedure. For that reason alone, I find the Complainant was unfairly dismissed. She is not entitled to the provisions of the Unfair Dismissals Act 1977 as she did not have the required one years continuous service. So I can only make a recommendation in the matter. I recommend the Respondent pay to the Complainant the sum of €400 in full and final settlement of her claim.

CA-00028979-003 – Industrial Relations Act 1969

The Complainant contends that she was subjected to bullying and harassment in her employment.    

I find from the evidence, that there were some extremely unpleasant emails exchanged between the Complainant and the Respondent with very unsavoury language in them. These emails were exchanged after the Complainant’s employment ended. Other than those, I have not been presented with evidence that the Complainant made any complaints of bullying and harassment while in the employment, and I have not been presented with evidence that she was bullied or harassed during her employment. I find the Complainant’s complaint not to be well founded.

CA-00028979-004 – Industrial Relations Act 1969

The Complainant contends that she was unfairly dismissed during her probation period.     (Duplicate of CA-00028979-002).   See findings above.

Dismissed during probation