ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00039438
Parties:
| Complainant | Respondent |
Anonymised Parties | An Engineer | A Refrigeration Services Company |
Representatives | Self-represented | No appearance |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts 1969 | CA-00046288-002 | 17/09/2021 |
Date of Adjudication Hearing: 18/05/2022
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969 following the referral of the complaint/dispute to me by the Director General, I inquired into the complaint /dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint /dispute.
Background:
The Complainant contends he was unfairly dismissed without due process. |
Summary of Complainant’s Case:
The Complainant was employed as a Refrigeration Engineer from 17th May 2021. He contends that although there was some family dispute, he worked as normal for the company and carried out some tasks for one of the brothers who is now contending that he was not properly employed by them. He received a letter on 6th September 2021 telling him he was dismissed for gross misconduct. The Complainant produced documentation to prove he had a job offer dated 13th May 2021 from the Respondent Company. |
Summary of Respondent’s Case:
The Respondent Company did not attend the hearing or send a representative. Correspondence issued outlining a family estrangement among Directors in the Company and that Director G had no authority to employ the Complainant. |
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
The Respondent did not attend the hearing and in correspondence to the WRC stated that they did not employ the Complainant. However, in the hearing, the Complainant provided documentation to show he was employed by the named respondent, he did carry out work for both brothers who subsequently became estranged. In a dispute over payment of wages, the Respondent fired the Complainant without warning or due process. In the circumstances I find that the rupture in the family caused the Complainant to be fired without due process or notice. The requirement for due process is enshrined in Statutory Instrument 146/2000 and employers are advised to take note of the procedures which must be followed in dismissal of employees. I recommend that the Respondent pay the Complainant the sum of €1,840, being around 4 weeks pay in compensation for his dismissal.
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Dated: 25th July 2022.
Workplace Relations Commission Adjudication Officer:
Key Words:
Unfair dismissal, well founded. |