ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00025352
Parties:
| Complainant | Respondent |
Anonymised Parties | Customer services representative | Fast food takeaway restaurant |
Representatives | Richard Stapleton Richard Stapleton Solicitors | none |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 24 of the National Minimum Wage Act, 2000 | CA-00032159-001 | 13/11/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00032159-002 | 13/11/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00032159-005 | 13/11/2019 |
Date of Adjudication Hearing: 25/01/2021
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 8 of the Unfair Dismissals Acts, 1977 – 2015following the referral of the complaints to me by the Director General, I inquired into the complaints by Remote hearing and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
There was no attendance by the Respondent at the hearing. The Case officer confirmed to me that he had spoken with the Respondent on the phone in the days prior to the hearing and she was aware that the hearing was going ahead and the time of the hearing. I waited a suitable period for the Respondent to either join the hearing or contact the case officer whose phone details she had to explain a reason for her non-attendance. |
Summary of Complainant’s Case:
CA-00032159-001. This complaint was withdrawn by the complainant at the hearing. CA-00032159-002. The Complainant gave evidence of the termination of employment by the Respondent on 3 October 2019. The Complainant had a query regarding her hourly rate as she believed she was not in receipt of the correct rate of pay. She raised a query with the Respondent regarding her payslips. She did not receive a satisfactory answer from the Respondent. The Complainant took advice from her Citizens Information Centre and received advice on entitlements for payments for working public holidays and Sundays. The Complainant printed out all the information she received from Citizens Information and presented to the Respondent. The Respondent never addressed the issues she had regarding these payments. On the 3 October 2019 there was an incident with a customer over a food order. The Respondent took issue with the Complainant and her colleague and called them "stupid". The Respondent pointed to the door and said, "there is the door, leave". The Complainant gave evidence of her efforts to find new employment in accordance with her obligation to mitigate her loss. At the start of January 2020, she found employment in another fast-food restaurant. CA-00032159-003. The Complainant's case is that she was summarily dismissed on 3 October 2019. She did not receive any notice of the termination of employment. She had been working for the Respondent since 2 July 2007 |
Summary of Respondent’s Case:
There was no attendance for the Respondent. |
Findings and Conclusions:
CA-00032159-001. This complaint was withdrawn by the complainant at the hearing. CA-00032159-002. I accept the Complainant's evidence of circumstances which led to the termination of employment. The Complainant was summarily dismissed without any investigation or fair procedures. CA-00032159-003. The Complainant was dismissed from her employment and was not provided with any notice in accordance with contract or the Minimum Notice & Terms of Employment Act, 1973. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
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.
CA-00032159-001. This complaint was withdrawn by the Complainant at the hearing. CA-00032159-002. The Complainant provided me with the only payslip she received dated 24th of June 2019. She explained that she to be paid between €10.00 and €11.09 per hour. The Complainant advised that she worked on average 41.5 hours per week. An award of compensation for unfair dismissal to make reparation for loss incurred in consequence of the dismissal. I award the Complainant 16 weeks’ pay at €415.00 gross per week which amounts to €6,640.00. CA-00032159-002. The Complainant had over 12 years’ service with the Respondent. She was entitled to 6 weeks’ notice of the termination of her employment. I award the Complainant €2,490 with respect to her notice payment. |
Dated: 29/04/2021
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
Summary Unfair dismissal. No notice |