ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023170
Parties:
| Complainant | Respondent |
Anonymised Parties | A Bar Manager | A Bar and Restaurant |
Representatives | Self-Represented | Did not attend. |
Complaint(s):
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-00029784-001 | 19/07/2019 |
Date of Adjudication Hearing: 19/11/2019
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015,following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The issue in contention concerns the alleged Unfair Dismissal of a Bar Manager by a Bar/Restaurant. |
1: Summary of Complainant’s Case:
The Complainant was dismissed by Text Message on the 8th February 2019. No employment procedures, of any description, were followed. Copies of Text messages were provided in evidence as well as Pay Slips and other documentary evidence establishing the Employment relationship. |
2: Summary of Respondent’s Case:
The Respondent contacted the WRC and was aware of the date and time of the Oral hearing. An alleged Garda investigation into suspected financial irregularities in the Business was mentioned. It appeared that the business was in the process of being put up for Auction. |
3: Findings and Conclusions:
The Complainant provided considerable documentary evidence, copies of text messages and pay records. It was clear that the employment had ended quite abruptly with no proper employment procedures followed. No Respondent evidence, of any nature, was offered. Accordingly, a finding of Unfair Dismissal under the terms of the Unfair Dismissal Act,1977 is the only option open.
The Complaint is Well Founded, and I find that an Unfair Dismissal took palce. |
4: Decision:
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
In considering appropriate Redress the question of Re-Engagement or Reinstatement does not arise.
Compensation must be seen in the light that the Complainant secured other work on the 1st May 2019 albeit at a reduced basic wage. It was not clear if any statutory Notice Pay was given.
Based on Wages records and the claim form details I award 12 weeks pay for loss of renumeration for three Months (€ 6,960) plus €1,000 for ongoing loss of wages.
Total Award of €7,960
Taxation of this Award to be considered in conjunction with the Revenue Commissioners.
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Dated: 4th March 2020
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
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