ADJ-00031332

Complainant

Respondent

Anonymised Parties

{A Manager}

{A Hair & Beauty Salon}

Representatives

John Wang

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00041669-001

22/12/2020

The Complainant was employed as a Manager with the salon from 9th December 2020 to 19th December 2020.

The Complainant was employed as a Manager with the salon. She has previous experience as a Manager.

She was not given any training on the booking system. She had some knowledge of the system. She was told to carry out treatments so could not cover reception and payments. There was no communication. She was not notified of any problem with her work. She was being blamed for clients left sitting around. She was told to leave. She was given a contract of employment but was not paid 3 week’s notice and holidays due. She was dismissed after 10 days. The Complainant was out of work for a long period afterwards.

The owner confirmed the correct name of the Respondent and consented to change of name. She was looking for a manager, not someone to carry out treatments. It was a busy time when the Complainant started the role.

The owner said the Complainant was paid for her two weeks work and 8% holidays was included in her payslip. The salon was busy. The Complainant was on a trial and the role did not suit the Complainant. The Complainant did not have enough knowledge of the system, a lot of appointments were double-booked and clients were left waiting. There were complaints from staff.

I heard and considered the written and oral submissions of the parties.

When the Complainant started work for the Respondent, it was a particularly busy time due to the Covid-19 restrictions being lifted. This resulted in greater pressure on the Complainant who was just starting the role of Manager and was on probation.  The Complainant required more training for the system.

This situation also put extra pressure on the salon which was very busy, and Respondent needed someone who had training and was experienced in the booking system. The Respondent understood the Complainant was trained on the booking system.

Statutory Instrument 146 Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order 2000 outlines the principles of fair procedures for employers and employees generally. Procedures for dealing with disciplinary issues should be given by employers to employees in writing. The procedures should provide that where there is a complaint or allegations about an employee’s performance or conduct it should be brought to their attention. The employee should be given an opportunity to respond fully to the complaint or allegations, and has a right to an impartial determination of the issues. If it is found that an employee’s performance or conduct is falling below the level required for the role, consideration should be given to whether supports are required including training. If the employee’s performance or conduct does not improve, an employer is entitled to take appropriate disciplinary action.

The Complainant was employed for a short period by the Respondent. She was not notified of  complaints about her work. She did not have an opportunity to respond to the complaints and to an impartial determination of the issues.  She did not have any opportunity to try to rectify the issues. Her dismissal was unexpected. She was out of work for a significant period.

The Complainant’s contract of employment provided that she be paid for 3 weeks wages if she was dismissed while on probation. In the circumstances, I recommend 3 weeks wages total €2,019.00 be paid by the Respondent to the Complainant which is compensation for her financial loss.

I recommend 3 weeks wages total €2,019.00 be paid by the Respondent to the Complainant which is compensation for her financial loss.