Complainant

Respondent

Anonymised Parties

An Employee

An Employer

Representatives

Act

Complaint/Dispute Reference No.

Date of Receipt

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

04/11/2019

The employee was employed on a part-time basis by the employer for 35 weeks at a rate of €200 per week.

The employee submitted that she was not dismissed in a fair manner as the she never received a final written warning.  Additionally, her two verbal warnings were not carried out in accordance with the disciplinary procedures in place.

The employer submitted that the employee was given two verbal warnings and that when it tried to arrange a meeting to give the final written warning to the employee, she refused to return from Donegal to Waterford where the business is based to attend a meeting to discuss the disciplinary issues. 

The employer submitted that the employee agreed in a phone call while she remained in Donegal that it was best that they part ways.

The employer agreed that the two written warnings were given by the owner to the employee without the presence of another person as required by the disciplinary procedures.

The employee confirmed that she was in Donegal, that she did not intent to return to Waterford at the time of the phone conversation and confirmed that the parties agreed that they should part ways.

Having regard to the written and oral evidence before me, my recommendation is that the employer should, in future, adhere to the procedures laid down in its disciplinary procedure when dealing with disciplinary matters.

Disciplinary procedures.