Employee

Employer

Anonymised Parties

A Complainant

A Respondent

Representatives

Renata Bencsik

Fiona Egan Peninsula

Act

Complaint/Dispute Reference No.

Date of Receipt

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

25/07/2020

The Employee contends that he was unfairly dismissed from his employment.

The Employee was employed by the Employer as an Assistant Baker from 30 August 2019 to 2 July 2020.  He was dismissed following an incident in the workplace between him and the owner of the business.  The Employee stated in evidence that he did not shout at the Employer, or lean over her desk.  She stated that he spoke normally.  He said that he had objections to the task lists but only insofar as he could not complete some work if the work being done prior to his task was not completed.  The Employee believed that the Employer had prior intention to dismiss him and that his dismissal was unfair.  He was not in a position to appeal as he had a complete breakdown following the situation, and had to be admitted to a psychiatric hospital.

The Employer stated that the business is a small bakery, employing some 13 people.  There were significant difficulties due to Covid-19.  She herself was extremely worried about the situation, and was in fear of bringing any danger of the virus to her elderly parent.  She therefore had minimal contact in the workplace.  She had to close the business at a certain point of lockdown and had to lay off the Employee.  The Employee had been recruited as a Baker, however he did not have the required skills.   Had the business picked up and as schools contracts would be reinstated, she intended to have him upskilled as a baker.  The date in question of the incident with the Employee was 17 June 2020 and she gave the Employee a task list and times for completion.  At 4pm that day, he came into her office and shouted at her.  He was agitated and pointing at the list said “you can give me this” (referring to the tasks) “but no way this” (pointing at the times.  The Employer stated that she was afraid for her safety, such was the demeanour of the Employee.  She invited the Employee to a disciplinary hearing by way of letter on June 29, 2020 to be held on July 1, 2020.

Within the disciplinary hearing, the Claimant admitted to raising his voice however

denied he became aggressive but further confirmed his intention that he would not be

adhering to any task lists now or in the future outlining the time spent on each task.

Withstanding the above, Ms Fleming decided that the threatening and aggressive

behaviour demonstrated by the Claimant was an act of gross misconduct and decided

that the Claimant’s employment should be terminated summarily, this was confirmed by

letter dated 2nd July 2020 The Claimant had the right to appeal such decision but failed to

exercise this right.

Subsequently, the Claimant has lodged the within complaint.

I note the conflict of evidence and the different accounts of what transpired in the office of the Employer on the day in question.  I note also the Employer’s evidence that had the business picked up, the Employee would have likely been upskilled as a Baker, and it is regrettable that matters led then to his dismissal.  The evidence of the Employer is that the Employee’s behaviour was such that he was dismissed for gross misconduct.   In the circumstances where the Employee was accused of serious misconduct against the Employer Owner of the business, for the purposes of following fair procedures and natural justice, the disciplinary hearing should have been conducted by someone other than the Employer owner, even in the situation where it is a small business. I recommend to resolve this dispute, the Employer should offer the Employee the sum of €1,008, equivalent of four weeks pay in compensation.        

Unfair dismissal fair procedures