Complainant

Respondent

Anonymised Parties

A Golf Course Superintendent

A Golf Club

Representatives

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-00023114-001

08/11/2018

The worker was employed by the employer as a Golf Course Superintendent from 5th November 2017 until his dismissal on 3rd October 2018. The dispute was referred to the Workplace Relations Commission on 8th November 2018 and relates to alleged Unfair Dismissal.

This complaint is submitted under Section 13 of the Industrial Relations Act, 1969. The worker, at the time of his dismissal had 11 months service with the employer and therefore did not have the protection of the Unfair Dismissals Acts, 1977-2015.

The worker stated that he commenced employment at the Golf Club in November 2017. The worker confirmed that he received a contract of employment, Job Description and a Staff Handbook at the time. The worker also outlined that his employment was subject to a six-month probationary period. The worker stated that there was no probationary review meeting after six months and he considered that his employment was therefore permanent. The worker confirmed that the Administration Manager singed a Salary Certificate in September 2018 which confirmed his position in the permanent and pensionable role of Golf Course Superintendent.

The worker outlined that in the 11 months of his employment, there were no performance issues, no disciplinary issues and no negative comments from club members in relation to the condition of the Golf Course. The worker stated that he had in fact, received numerous compliments in relation to the course and his efforts in clearing/repairing the Golf Course following severe weather conditions that occurred during his period of employment. The worker also stated that he was complimented on the quality and condition of the Golf Course as Competitions were held.

The worker stated that on 3rd October 2018, he was invited by the Golf Club Council Chairman to a meeting that evening in the Clubhouse. At the meeting the worker stated that the Council Chairman relayed the message to him that his employment was being terminated. The worker stated that there was no reason given to him for his dismissal. There were also two other Council members present at the meeting. The worker stated that while he was initially given the opportunity to work his two weeks’ notice period, this was subsequently withdrawn. The worker stated that between 8th October 2018 and lodging his complaint to the WRC on 8th November 2018, he repeatedly sought an appeal of his dismissal but to no avail. The worker sated that when he notified the Council Chairman on 9th November 2018 that he had referred the issue to the WRC, he then received a letter dated 8th November 2018 offering him an appeal hearing.

The worker outlined that he did not attend the appeal hearing as he was informed that all seven Council members would be in attendance including the three Council members who had been at the meeting where he was dismissed. It was also impossible for the worker to establish who would Chair the appeal hearing.

The worker concluded by stating that the Golf Club had been in breach of its own procedures in relation to his dismissal, had failed to carry out a probationary review meeting after six months and had notified him in his dismissal letter dated 4th October 2018 that his probation had in fact been extended to 11 months which was not the case and if it was, he had no involvement with that process and the probation extension had not been conveyed to him.

In relation to the meeting of the 3rd October 2018, the worker stated that he was not informed of the purpose of the meeting, had assumed it was in relation to the Golf Course and once he was notified of his dismissal had to wait approximately four weeks to be granted an appeal hearing which was only granted after the matter had been referred to the WRC.

The worker concluded by confirming the hurt that this has caused to him and his family. The worker outlined that he lives adjacent to the Golf Club which is a constant reminder of how he has been treated. He stated that he has lost all interest in Golf as a result and other family members no longer attend the Golf Club. The worker outlined the reputational damage that he and his family feel they have suffered as a result of his dismissal without being given any valid explanation. The worker contends that the absence of any reasons for his dismissal has led to him being the subject of speculation in his local area which he also finds extremely distressing.

The worker is seeking compensation in relation to his complaint.

The employer did not attend the Adjudication hearing and was not represented. In correspondence dated 12th June 2019, the employer’s Solicitor notified the WRC that its client would not be participating in the adjudication process and would not be bound by any decision of the WRC or the Labour Court in the matter.

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

Having listened carefully to the worker’s submission at the adjudication hearing, I find that he gave an honest and credible account of his employment at the Golf Club. It is also clear as to how this issue has affected the worker and the upset it has caused to him and his family who live adjacent to the Golf Club in question.

In the absence of any participation from the employer in the adjudication process, I can only surmise as to the reasons why the worker was dismissed, having seemingly passed his probation without any issues arising. I note the level of compliments that the worker said he received in relation to his work and in the absence of any performance or disciplinary issues arising, and in the absence of any reasons being given to the worker at any time, I conclude that the worker was treated extremely badly by his employer and was unfairly dismissed as claimed.

I also find that the worker acted reasonably in his decision not to attend the appeal meeting on 10th November 2018, especially in circumstances where the entire seven members of the Golf Club Council would be present, three of whom had been at the meeting to dismiss him from his employment and in circumstances where he had no knowledge in advance who would Chair the meeting. At the time the worker was offered the appeal on 8th November 2018 (received by him on 9th November 2018), he had been seeking a meeting for almost 1 month and had already submitted the complaint to the WRC and notified the employer of the complaint. I find it reasonable that, at that time, the worker had decided to await the WRC adjudication hearing on the issue.

Having considered the worker’s submission, I find that the complaint of Unfair Dismissal is well founded. The employer is directed to pay the worker €10,000 in compensation.

Unfair Dismissal, Industrial Relations Act,