FULL RECOMMENDATION
PARTIES : DECATHLON SPORTS IRELAND LIMITED DIVISION :
SUBJECT: 1.Dismissal Without Grounds Or Due Procedure It is the Worker’s submission that he blended easily into the team and received positive comments particularly in respect of his customer service skills. On the 11thJuly 2020 while he was working his line manager approached him and advised that he wanted to have a quick word with him. The Worker followed his Line Manager to the staff room and into a small room. This room has clear glass panels and when someone is in the room, they can be seen by staff outside. A Manager from another department was also present. It is the Worker’s submission that he was not aware that he was being summoned to a formal meeting he thought it was about something like new stock. He was totally shocked when his Line Manager told him that his employment contract was terminated. It was the Worker’s submission that he had never been advised that he was doing anything wrong. When the worker requested more information as to why he was being dismissed from his Line Manager, he was told that he was not a fit for the team, he lacked team spirit and he lacked responsibility within his team. He was further advised that was not exactly a fit for the running department. When the Worker questioned why the other Manager was there, he was advised that it was procedure to have two Managers present at dismissal meetings. The Worker was then accompanied to collect his belongings and then escorted him out of the store. It was the Worker’s submission that he was dismissed without recourse to any procedure and contrary to S.I. No. 146/2000 Code of Practise on Grievance and Disciplinary Procedures. It was the Employers submission that the Worker received both interactive and pre-recorded training. The training was provided to enable him clearly understood his responsibilities and the expectation of the company in respect of his role. It was the Employer’s submission that very early on there were issues which had come to the Line Managers attention. On the 10thJuly the Line Manager spoke to him about the issues that had arisen and reiterated what was expected from him. On the 11thJuly more issues presented so towards the end of the shift the Line Manager decided to dismiss him. The next day the 12thJuly the Worker emailed the Store leader to complain about the dismissal. The Store leader met with him and heard his complaints but did not hear anything that led him to reverse the decision to dismiss. The Worker was supplied with a letter of termination. He was paid for 7.5 days that he had worked and 9.5 days that he did not have to work. He was also paid a company bonus. It was the Employer submission that they did apply fair procedure. However, they accepted at the hearing that contrary to S.I. No. 146/2000 Code of Practise on Grievance and Disciplinary Procedures they had not informed the Worker in advance of the nature of the meeting he was being invited to nor did they advise him that he could be accompanied by a colleague of a trade union representative as provided for under the code of practise.
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