Complainant

Respondent

Anonymised Parties

Receptionist

Gym

Representatives

Self 

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-00034640-001

13/02/2020

The Employee was employed as a Receptionist from 9th December 2019 to 17th January 2020. She worked 40 hours per week and was paid €10.10 per hour. She has claimed that she was wrongfully dismissed without any reason. She has sought compensation.

The Employee stated that she had a good job with a contract catering company. She was a member of the gym and she was advised by a member of staff in the Gym that they were seeking a Receptionist. She applied for the position and was accepted. She was given two shifts, one starting at 6.00am and the 3.00pm. She told the staff member that she could not get in for 6.00am as she depended on the DART. This was agreed that she could start at 6.15am. She took holidays by arrangement from 30th December 2019 to 10th January 2020. She stated that she really enjoyed the work and got on very well. She got positive feedback. On 17th January 2020 she was called into the office by the manager and was told that it was not working out and to leave immediately. She was paid one week’s notice.

She was shocked by this. She had financial commitments to rent and living expenses. She had no meetings with management and had no idea that she was going to be dismissed. She was treated very badly and it has caused her to be very stressed.

She looked for work immediately both online and by handing out CVs. While on line she discovered that the Employer had advertised her job some days before she was dismissed. She got a part time job doing hotel work on 12th February, but it closed down due to the Covid Virus in mid-March. She hasn’t worked since but is in receipt of a Covid payment.

She is seeking compensation.

The Employer did not attend and was not represented. There is correspondence on file setting out the date, time and venue of the hearing.

I note that the Employee was on probation.

I find that a probation is a period of time that allows both the Employer and Employee to assess the suitability to each other.

Despite the fact that the Employee did not have the protection of the Unfair Dismissals Act she never the less had the right to be treated fairly.

Based on the uncontested evidence before this hearing I find that the Employee was denied fair procedure and natural justice.

I find that she was entitled to be advised of how she was performing.

I find that she should have been told if there were problems, what they were and what was expected of her to correct them.

I find that none of this happened.

I find that should an Employer need to terminate the employment of someone while on probation there should be no surprises.

In this case we were advised that she was called into the office dismissed and asked to leave immediately.

I find this conduct to be totally unacceptable.

I find that the Employee was treated very badly.

I find that she is entitled to be compensated for the very bad treatment that she received.

I have decided that the Employee was wrongfully dismissed, for the above stated reasons.

I have decided that the claim is well founded.

I recommend that the Employer should pay the Employee €3,000 within six weeks of the date below.

Wrongful termination of employment