Complainant

Respondent

Anonymised Parties

Facilities Manager

Facilities Company

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-00030668-001

05/09/2019

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

CA-00030668-002

05/09/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00030668-003

05/09/2019

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

CA-00030668-004

05/09/2019

The Complainant was employed as a Regional Facilities Manager from 14th June 2018 to 9th April 2019. He was paid €5,000 gross and €4,137.46 net per month. He has claimed that he is owed holiday pay and contractual notice.

He stated that he commenced employment on 14th June 2018 and his employment was terminated on 9th April 2019. He was told that he had failed his probationary period. No performance issues were raised during the first six months. His contract states that upon successful completion of the probation he would be entitled to two months-notice. He was not spoken to at he end of the probation and he has assumed that he was permanent and so entitled to two months’ notice. The Respondent alleges that they spoke to him on the phone in December to advise that they would deal with the probation in January. He denies ever having a call from them. He met with the Respondent in February and agreed to extend the probation. He did this under duress for fear of losing his job as his service did not give him any statutory protection. His employment was terminated on 9th April 2019 and he received only one month’s notice. He has claimed an additional one month’s notice as per his contract of employment.

CA 30668-002 Holiday pay

Holiday pay was also claimed under the Organisation of Working Time Act see below.

CA 30668 -001 Notice

They stated that while he was on probation, he was contacted by phone to explain that they would deal with the probation in early January 2019. They met with the Complainant in 5th February 2019 and he agreed to extend the probation to May 2019. His employment was terminated on 9th April 2019 as he had not achieved the required standard of performance. Therefore, he was entitled to one week’s notice, not two months as claimed. He received one week’s notice and an ex gratia payment of three weeks and so this claim is rejected.

I note the conflict of evidence regarding the alleged phone call in December, about dealing with the probation in early January.

However, it is accepted by both sides that a meeting took place on 5th February 2019 and the Complainant agreed to an extension of the probationary period and signed to that effect.

Therefore, I find that the Complainant accepted that his probation was not successfully completed and that it was extended.

I find that his employment was terminated before the conclusion of the extended probation.

I find that he was not a permanent employee and therefore he had not a contractual entitlement to two months’ notice as claimed.

He has claimed that he is owed 8.75 days holidays as he was entitled to two months’ notice ending on 9th June and so he has an entitlement to the days claimed.

The Respondent stated that he accrued 7 days holidays for the period 1st January 2019 to 7th May 2019, which was the last day of service allowing for the notice. He had an entitlement to 7 days holidays. He received payment for that in his last pay check amounting to €1,615.38. He was not entitled to two months’ notice and so his finishing date was 5th May not 9th June as claimed. This claim is rejected.

Decision:

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.

For the above stated reasons, I have decided that this claim is not well founded and so it fails.

3) Minimum Notice & Terms of Employment Act CA 30668-004

Summary of Complainant’s Case:

Summary of Respondent’s Case:

Findings and Conclusions:

Decision:

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.

This complaint was withdrawn.

Notice and holiday pay