Complainant

Respondent

Anonymised Parties

A Complainant

An Electrical Contract company

Representatives

Brian Reidy, Reidy and Foley Solicitors

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-00033757-001

13/01/2020

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00033757-002

13/01/2020

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The complainant began employment with the respondent on 21 November 2016.  He was paid €973.60 weekly.

Two complaints were received, the first relating to an Unfair Dismissal, the second regarding Terms of Employment wherein the complainant stated that he did not receive a written statement of his terms and conditions of work. The initial submission dated 13 January 2020 also contained specific allegations relating to not receiving payslips and relating a change in the terms and conditions of work and receiving no written statement relating to that.  This information was provided to the respondent at the very first step of this process. 

CA-00033757-001 Unfair Dismissal

The complainant submitted that on 10 November 2019, he was called to his employer’s house where is was let go with immediate effect.  He indicated that the reason that he was let go was that he was not willing to work mandatory overtime and that he had family commitments.

The complainant submitted that he was out of work for about two and a half weeks before obtaining employment.

CA-00033757-002 Terms of Employment

The complainant submitted that he was not provided with written terms of his employment at any time and that upon the revision of the working terms for him and his colleagues in September 2019, he was not provided with any revised terms of employment in writing.

CA-00033757-001 Unfair Dismissal

The respondent submitted that the complainant was not dismissed.  The respondent submitted that the complainant was having difficulties finding childcare and that he arranged for him to take two weeks holidays to get the matter sorted and that he indicated that he would arrange to help the complainant to find alternative local employment.

CA-00033757-002 Terms of Employment

The respondent agreed that he did not provide written terms and conditions of employment to the complainant but submitted that they were discussed. He also noted that it generated payslips which were available on request.

CA-00033757-001 Unfair Dismissal

The complainant outlined the events that led to his dismissal, he indicated that the respondent took on too much work in the run up to Christmas and was requiring the complainant to work evenings and weekends.  When the complainant indicated that this was not possible, he was called to a meeting on a Sunday night in the respondent’s house.  He indicated that the respondent became very annoyed with his refusal to work through weekends and that he fired the complainant.  For his part the respondent indicated that the complainant was not fired but that the respondent was trying to assist him through a difficult time.  The respondent indicated that following the meeting the complainant removed himself from a WhatsApp group and started calling employees to say that he was let go.  The complainant indicated that he spoke to a work colleague on the Sunday evening and indicated to him that he had been fired.

The complainant indicated that the following morning he dropped the company van back and dropped off his timesheets.  He sought his money and his paperwork (certificates) etc and that when he contacted the respondent he reconfirmed the dismissal.  The respondent in turn indicated that he had not let the complainant go and that he sought to have him return to work on the Wednesday.

Having considered the oral evidence of both parties, I find that I prefer the account of the meeting of 10 November 2019 given by the complainant.  In arriving at this finding, I am cognisant of the evidence of Mr A, the complainants work colleague that he spoke to on the Sunday night, who confirmed that the complainant told him that he had been fired on that Sunday night.  I am also aware that the is a conflict in the respondent’s evidence wherein he indicated that he gave the complainant two weeks paid leave to find childcare yet called him back into work on the 13th. This serves to undermine the veracity of the respondents account that the complainant was not dismissed but was simply given two weeks to help him to find alternative childcare arrangements.

Under Section 1 of the Unfair Dismissals Act 1977, dismissal is defined as, amongst other things, “the termination by his employer of the employee’s contract of employment with the employer, whether prior notice of the termination was or was not given to the employee”.

Having considered this evidence, I am satisfied that the termination took place at the meeting on 10 November 2019 and accordingly I find that the complainant was unfairly dismissed.

I am also satisfied that the complainant has established that he suffered financial loss amounting to two and a half weeks salary, i.e. €2434.00

CA-00033757-002 Terms of Employment

The respondent agreed with the complainant’s contention that it did not provide the complainant with written terms and conditions of employment at any stage during his employment.  Accordingly, I find that this complaint is well founded.

CA-00033757-001 Unfair Dismissal

As I have found that the complainant was unfairly dismissed, my decision is to award the complainant redress equivalent to his financial loss established at €2434.00

CA-00033757-002 Terms of Employment

As I have found that the complaint under the Terms of Employment (Information) Act, 1994, is well founded, my decision is to award the complainant compensation equivalent to two weeks remuneration, i.e. €1,947.20.

Unfair dismissal, financial loss, terms and conditions of employment, well founded, redress.