Complainant

Respondent

Anonymised Parties

Driver

Warehouse and Transport Company

Representatives

Michael McNamara, B.L.

Kate Hughes, Solicitor

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-00022441-001

05/10/2018

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

CA-00022441-002

05/10/2018

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00022441-003

05/10/2018

The Complainant contends that he was unfairly dismissed, did not receive his statutory entitlement to minimum notice and did not receive a statutory redundancy payment.

CA-00022441-001   Unfair Dismissals Act 1977

The Complainant has been employed as a Driver for over 19 years, initially with the Company from whom the current Respondent took over the business in or around 2015.   On 28th August 2018, he was advised by the Depot Manager that he had no work for him going forward. He was required to return his gate fob and escorted off the premises. It is argued, that in view of the fact that no procedure was invoked or notice or warning given to the Complainant, he was unfairly dismissed.

CA-00022441-002   Minimum Notice & Terms of Employment Act 1973

The Complainant, having over 19 years service, is entitled to minimum notice of 8 weeks or pay in lieu.

CA-00022441-003   Redundancy Payments Act 1967

The Complainant did not receive a statutory redundancy payment.

CA-00022441-001   Unfair Dismissals Act 1977

The Complainant was unable to reach targets given and had some difficulty and limitations to the work he was required to perform. The Respondent did try to help him e.g. by moving him to the Warehouse, but this did not work out. The Respondent had to let the Complainant go on account of his limited performance.

CA-00022441-002   Minimum Notice & Terms of Employment Act 1973

The Respondent was of the view that the Complainant did receive one or two weeks’ pay in lieu of notice.

CA-00022441-003   Redundancy Payments Act 1967

The Complainant did not receive a statutory redundancy payment as his job was filled.

CA-00022441-001   Unfair Dismissals Act 1977

The Complainant was dismissed without due process. The Respondent, by dismissing him on the spot on 28th August 2018, with no notice, warning or right to reply, be represented or appeal the decision, acted in complete contravention of the rules of natural justice and in contravention of their own procedures. To have the Complainant escorted off the premises is a further egregious example of the lack of respect and dignity shown to the employee who had more than 19 years’ service.       In the circumstances, I find the Complainant was unfairly dismissed by the Respondent and I require the Respondent to pay to the Complainant the sum of €40,000 compensation.

CA-00022441-002   Minimum Notice & Terms of Employment Act 1973

Under the Act, the Complainant was entitled to 8 weeks notice or payment in lieu. The Respondent undertook to advise what payment in lieu of notice was given but no information was provided.         I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €3,400.

CA-00022441-003   Redundancy Payments Act 1967

The Complainant was dismissed and his job was filled and he is therefore not entitled to a statutory redundancy payment. I find the complaint to be not well founded.

Unfair dismissal, lack of fair procedures, minimum notice