Complainant

Respondent

Anonymised Parties

A Production Team Operative

Transportation and Defence

Representatives

  Self Represented

 Not present

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00031207-001

30/09/2019

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

CA-00031207-002

30/09/2019

The complainant felt she was unfairly dismissed but did not have 12 months service and that she did not receive her statutory notice of one week.

The Complainant was employed from February 2nd 2019 to September 27th 2019.

The Complainant had medical issues during her employment but passed her probation period. Her employment was terminated without cause and the company hired 3 more people. She worked 19 hours a week 33 weeks a year. She claimed she was dismissed without good reason and due process. The Complainant  stated she handed in medical certificates frequently and that her job could have been kept open for her as there was plenty of cover available to do her work when out sick.

The Complainant was dismissed without any notice pay.

The Complainant earned a gross of 409.50Euros per week wages.

A Complaint was received by the Director General of the Workplace Relations Commission by the Complainant  on  September 30th  2019 alleging that her former employer contravened the provisions of the Minimum Notice and Terms of Employment Act 1973 and the Complainant lodged a complaint under the Industrial Relations Act 1977 in relation to her. The said complaints were referred to me for investigation. A Hearing for that purpose was held on February 20th 2020. There was no appearance by or on behalf of the Respondent at the Hearing. I am satisfied that the said Respondent was informed in writing of the date, time and place at which the Hearing to investigate the complaint would be held and were not present at the Hearing.

Section 13 of the Industrial Relations Acts, 1969 requires that I make a Recommendation in relation to the dispute. On the basis of the Complainants own uncontested evidence she did have medical issues which caused her to miss periods of employment. The Respondent was written to by the WRC to consent or object to the issue being heard but no response was provided to this correspondence by the Respondent. In the absence of any other submission from the Respondent I am unable to assess the severity of the issues and the process, if any, the Respondent used to assess the Complainants suitability for their employment and her subsequent dismissal. I find the Complainants case well founded and recommend she be paid compensation of 1,000 Euros. ( CA-00031207-001)

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.  In the absence of any evidence to the contrary that the Complainant was paid her statutory notice I find that the Minimum Notice and Terms of Employment Act 1973 was contravened and I award the Complainant one weeks regular pay as per Section 4.2 (a) of the Minimum Notice and Terms of Employment Act 1973  where a person with less than two years service is entitled to a minimum of one weeks notice (CA-00031207-002).

Unfair Dismissal