Worker

Employer

Anonymised Parties

A Sales Assistant

A Retailer

Representatives

N/A

Sherwin O'Riordan

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00043978-001

10/05/2021

The Worker commenced in his role as a weekend night shift operator on 23 January 2020. He worked 17 hours per week and was paid €195.84. He stated that he was unfairly dismissed from his employment because he would not use the Employer’s clock in system which required him to share personal information.

The Worker commenced in his role as a weekend night shift operator on 23 January 2020. His duties included working Friday and Saturday nights. While on duty he worked alone and had to carry out various tasks during his shift, as well as taking care of customers at the window. He stated that he carried out all of these duties to the very best of his ability and believed that that he was a conscientious and willing employee.

On 27 March 2020, his manager indicated that he wasn't performing some of his duties very well and informed him that she was watching him on CCTV which he found surprising as he assumed that this type of action was only permitted for security purposes or if the employer had good reason to believe that an employee was stealing. Having been made aware that he was being watched, he became very distressed which was exacerbated by the General Anxiety Disorder he was diagnosed with some years ago.

From then on, he endeavoured to work even more effectively and kept a record via his phone of every duty he completed, namely cleaning, stocking out, filling etc. A couple of weeks later, his manager spoke to him about their system of clocking in and out of shifts, which involved an employee scanning his or her hand and finger prints. The Worker stated that he felt very uneasy about this and asserted that although he had been made aware of this system before, he assumed that because he was there five months and had not been asked to use it or sign up for it, it did not apply to him as he worked the same regular hours at night every week on his own.  He also stated that he could not understand why a company would even want this information given the limited amount of hours he worked. He also asserted that he did not know for certain if the information would be kept on-file. When he highlighted to his manager that he was not comfortable with this arrangement and was open to other alternatives, she asked him to put his concerns in writing.

Subsequently on 8 May 2020, as he was finishing his shift, his manager arrived into the workplace and immediately launched into a tirade about his work that morning. She then proceeded to admonish him over the clocking in and out procedure and asked him for the letter he had promised to have for her that morning, outlining his concerns about the use of the clock in system. Having reviewed it, she told him that letter he had given would not suffice and was baffled as to why he felt uncomfortable using this machine. When he explained to her again that he just did not like giving such information, she informed him that if he did not comply and use the machine, he would not be permitted to keep his job. She then stated that his last shift was that night and asked if he wanted to come in for it. The Worker then replied that he was finished and was going home.

Overall the Worker stated that he felt very hard done by and unfairly treated by the Employer from being watching on camera, to being spoken to very harshly and being made feel very uncomfortable in the work place, not to mention being spoken to in inappropriately in front of the customers and being let go without even trying to find a compromise or given proper notice. He also highlighted that he never either missed a single shift, came in late and or took any holidays. He also stated that he got on very well with the customers and tried to the best of his ability to get his tasks done to a high standard even though he suffered from anxiety.

The Employer did not attend the hearing to give evidence and provided no written submission

In the absence of any evidence from the Employer, the only account provided at the hearing regarding the dismissal of the Worker is that provided by him.

Both the WRC and the Labour Court have consistently highlighted in their recommendations that employees with less than a year’s service are entitled to expect that they will be treated fairly and will not be subject to arbitrary dismissal.

On the basis of the evidence presented by the Worker, I find that the Employer has not met the standards of fairness in procedure as set out in S.I. 146/2000 and find therefore that he was unfairly dismissed.

I recommend that the Employer pay compensation of €5,000 to the Worker for the reasons outlined above.