Complainant

Respondent

Anonymised Parties

An Employee

A Pizza Restaurant.

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-00033998-001

26/01/2020

The worker commenced employment with the respondent in November 2018. Prior to commencing his role, several colleagues had warned him that the owner was a bully. He ignored that advice and started working on the 11th of November.

On several occasions the owner would shout at the worker and other staff members. On a few occasions he called him stupid.

On 11th October 2019 the worker left his employment at approximately 10 p.m. which was his normal finish time. On Saturday 12th October 2019 he arrived in to work at 4 p.m. There was a problem with an order that had been placed prior to his arrival. The owner questioned him about it. He stated he had no idea what the issue was because he had just arrived in for his shift. The owner then commenced shouting at him and told him he was so stupid and that he should know what is going on at all times. The worker repeated that he had just started his shift, but if given a few minutes, he would find out what the issue was. He managed to resolve the problem and the owner said nothing to him until Monday the 14th. Again, the worker came into work at approximately 3:30p.m. to start his shift at 4 p.m. When he opened the door, the owner came out to him and said "we can't work together give me your keys and go.” The working left and heard nothing more from the owner since that date.

Approximately 8 weeks later the worker secured a job in a bank. He is earning €13.50 p/h now. He was earning € 14.00p/h

There was no appearance for or on behalf of the Respondent. The Respondent did write into the WRC setting out his submissions. I am satisfied, based on a perusal of the file that the respondent was on notice of the date, time and venue for the hearing.

I have careful considered the workers evidence. Having considered his uncontested evidence, I am satisfied that the respondent failed to invoke any procedures whatsoever before dismissing the worker. At a minimum, the worker has a right to know the allegation being made against him, which said allegation has led the employer to conclude dismissal is warranted and he has a right to defend the allegation. The worker was denied that right by the employer.

I note the worker secured employment within eight weeks of his dismissal and has a very small ongoing loss. On that basis I recommend that the employer pay to the worker € 4,000.00.

The complaint is well founded. I recommend the employer pay to the employee €4,000.00 within four weeks from the date of this recommendation.