Complainant

Respondent

Anonymised Parties

A Truck Driver

A Haulage Company

Representatives

The Worker attended in person and was not represented

The employer did not attend or was not represented

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts

CA-00034791-001

23/02/2020

The Worker was employed by the Employer as a truck driver from 22 February, 2019 until 19 February, 2020 when his employment was terminated. The Worker claims that he was wrongfully dismissed from his employment and that the manner in which the dismissal was affected was totally lacking in fair procedures. The Worker has sought to have these matters investigated in accordance with the provisions of Section 13 of the Industrial Relations Act 1969.

The Worker submits that he went absent from work on certified sick leave in October, 2019 after he was diagnosed with anxiety and depression by his General Practitioner. The Worker submits that he submitted medical certificates on a regular basis during this absence to keep his employer fully informed in relation to his medical condition.

The Worker submits that he notified his employer on 6 February, 2020 that he was certified medically fit to return to work with effect from 20 February, 2020. The Worker contacted his employer on 19 February, 2020 to discuss his return to work but was informed that his position was no longer available and that he had been replaced while absent on sick leave. The Worker submits that his employer indicated that it was necessary to get a replacement because he had been unreliable and there was no further work available for him.

The Worker submits that his dismissal was totally lacking in fair procedures and that he wasn’t given any prior warning or indication by his employer that his position was in jeopardy during his period of employment or his absence on sick leave.

The Employer informed the WRC that it did not wish to engage in relation to this dispute and therefore did not provide any submissions in relation to this matter.

This dispute was referred to the Workplace Relations Commission under Section 13 of the Industrial Relations Act 1969 and concerns a claim by the Worker that he was wrongfully dismissed from his employment by the Employer and that the manner in which the dismissal was affected was totally lacking in fair procedures.

The Worker was employed by the Employer as a truck driver from 22 February, 2019 until 19 February, 2020 when his employment was terminated.

The Employer did not engage in this process or attend the hearing and I find that it is regrettable that the Employer was not present to avail of the opportunity to explain its version of events giving rise to this dispute.

Having carefully considered the uncontested submissions of the Worker, I find that the manner in which the Worker was dismissed from his employment fell far short of the standard of fairness that could be expected from a reasonable employer. In particular, I am satisfied that the Employer failed to advise the Complainant that his employment was in jeopardy prior to a decision being taken to dismiss him while he was absent from work on a period of certified sick leave.

In the circumstances, I find that there was a manifest failure by the Employer to adhere to the basic requirements of procedural fairness in reaching the decision to terminate the Worker’s employment. I find that the Worker’s employment was terminated in a manner which was procedurally flawed and in breach of the Code of Practice on Grievance and Disciplinary Procedures (SI. No. 146 of 2000). This Code of Practice is promulgated pursuant to Section 42 of the Industrial Relations Act 1990 and an Adjudication Officer is obliged to have regard in deciding on any case to which it relates.

Having regard to the foregoing, I find that the Worker was wrongfully dismissed from his employment in a manner which was totally lacking in fair procedures. In the circumstances, I find that the Worker is entitled to compensation in relation to the dismissal and I recommend that he be paid the sum of €5,000.

I find that the Worker was wrongfully dismissed from his employment in a manner which was totally lacking in fair procedures. I recommend that the Employer should pay the Worker the sum of €5,000 (being five thousand euro) in compensation for the wrongful dismissal.

Industrial Relations Act 1969 – Section 13 - Wrongful Dismissal – Dismissal Procedurally Unfair – Compensation Awarded