Complainant

Respondent

Anonymised Parties

Employee

Garage / Test Centre

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-00026252-001

13/02/2019

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00026252-002

13/02/2019

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

CA-00026252-003

13/02/2019

The Complainant contends that she was unfairly dismissed, that she never received written terms of conditions of employment and that she did not receive her statutory entitlement to minimum notice.

The Complainant was employed as a receptionist / office worker with the Respondent who is the owner and operator of a commercial vehicle testing centre and vehicle sales and service centre.   She was employed from 1st September 2015 until 5th November 2018 at which time she was dismissed by the Respondent. The background leading up to the dismissal was that on 24th October 2018 the Complainant was verbally abused by a customer when he called to the office. The Respondent informed her that if she did not apologise to the customer that her job was on the line. The Complainant refused as she believed it was the customer who abused her. The Respondent told her to take the following day off, 25th October. On the Tuesday 30th October 2018, (the day after the bank holiday), the Complainant was of the view that another person was doing her job. On 5th November 2018, at approximately 6pm the Respondent gave the Complainant a lift home. He said that a fellow employee Mr B said he was handing in his notice as the Complainant had been talking about him behind his back. The Respondent then dismissed the Complainant, stating that it was easier to replace a receptionist than a vehicle tester. The Respondent issued a letter to the Complainant dated 6th November 2018 in which he stated that she had resigned her job and he was accepting her resignation.   He enclosed a cheque for €2,000.   It is denied that the Complainant resigned her position and it is submitted that she was unfairly dismissed.       The Complainant did not receive a written contract of employment and she was not afforded minimum notice.

It is submitted that on 3 separate occasions, Thursday 25th October 2018, Tuesday 30th October 2018 and finally 5th November 2018 the Complainant resigned from her employment. At no stage was she dismissed as alleged or at all. In the days before she resigned, an issue arose between the Complainant and a customer Mr S. The Complainant got into a row with him over payment of his bills, and the customer subsequently complained that she was abusive towards him, and that she told him he was a disgrace for not paying his bills. A further row developed later when the Complainant proceeded to roar and scream abuse at the customer in front of the Respondent.       The Respondent spoke with both parties, determined that the Complainant had started the argument over not paying his bills, for which, in any event she had no role in collection. The Respondent asked her to stay away from the customer and not engage in that behaviour again. The Complainant stated that she would leave if the Respondent continued to have dealings with the customer, and she stated on several occasions that she wanted an apology from the customer. The Respondent refused to accept the Complainant’s resignation and asked her to re-consider and gave her Friday 26th October 2018 off to see if she would re-consider. She took that paid day off and said to the Respondent if he thought that giving her Friday off would “soften” her up, he was mistaken.   The Complainant sent threatening emails and texts to the customer and his wife, and the customer’s wife asked the Respondent if they should report the matter to the Gardai.   The Respondent managed to persuade the customer and his wife not to contact the Gardai.   By way of letter dated 6th November 2018, the Respondent advised the Complainant that with great reluctance he accepted her resignation.     He also pointed out in the letter that the Complainant simply could not be sending threatening texts and emails to clients and she could not refuse to turn on a pump, and that in business it is the customers who pay the wages. Separately the Complainant told the Respondent that she did not want to come back and that she would have difficulty getting to and from work as her lift had fallen through.  There was some personal elements to this concerning allegations made by the Complainant about the other employee who was giving her a lift. Subsequently, about a month after she resigned, the Complainant phoned the Respondent telling him she would come back and not sue him if he agreed to sack the other employee.   It is denied that the Complainant was unfairly dismissed.   Further, a letter of employment / terms and conditions dated 14th September 2015 was submitted in response to the claim that the Complainant did not receive a written contract.   Further it is submitted that as she resigned, the Complainant is not entitled to payment in lieu of minimum notice and in any case she was furnished with a cheque for €2,000.

CA-00026252-001           Terms of Employment (Information) Act 1994

I note the written letter dated 14th September 2015 containing the Complainant’s main terms and conditions of employment as submitted by the Respondent in evidence.   I do not find the complaint to be well founded.

CA-00026252-002           Unfair Dismissals Act 1977

There was a conflict of evidence as to whether the Complainant resigned or was dismissed.   I note the absence of any resignation letter. I also note the acrimony between the Complainant and the customer and I have some sympathy for the Respondent who was faced with such hostility between his employee and the customer. I note the very unpleasant emails sent by the Complainant to the customer and his wife, submitted in evidence by the Respondent. However, I accept the evidence of the Complainant that she was dismissed and did not in fact resign her position. I find that the Complainant was unfairly dismissed from her employment without due process.                             Given the unpleasant circumstances and the Complainant’s threatening emails, I find that the Complainant contributed somewhat to the situation. I uphold her complaint that she was unfairly dismissed and I award her the sum of €3,520.

CA-00026252-003           Minimum notice & terms of employment Act 1973

As the Complainant had over 3 years’ service with the Respondent, she was entitled to statutory minimum notice of 2 weeks. I find her complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €880.

Unfair dismissal, dismissal in dispute, minimum notice