ADJUDICATION OFFICER RECOMMENDATION

Adjudication Reference: ADJ-00038812

Parties:

	Worker	Employer
Anonymised Parties	A Shop Assistant	A Shop

Representatives

N/A

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts	CA-00046006-004	08/09/2021

Date of Adjudication Hearing: 09/06/2022

Workplace Relations Commission Adjudication Officer: Breiffni O'Neill

Procedure:

In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the dispute to me by the Director General, I inquired into the dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the dispute.

Specifically, I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.

Background:

The Worker was employed as a part-time Shop Assistant with the Employer from 23 June 2021 and was paid €10.20 per hour. She stated that she was unfairly dismissed by the Employer on 23 August 2021.

Summary of Worker’s Case:

The Worker stated that she received a phone call from the manager of the shop on 23 August 2021, wherein she was told not to turn up for her shift later that day and that her employment was being terminated with immediate effect. She was also ordered to return her key to the shop as well as her uniform. She stated that there was no reason given to her for the termination.

Summary of Employer’s Case:

The Employer stated that they were entitled to dismiss the Worker because she was still on probation.

Findings and Conclusions:

While I note the Employer’s assertion that the Worker was still on probation, 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 to me, I believe that the Employer has not met the standards of fairness in procedure as set out in S.I. 146/2000 and find therefore that she was unfairly dismissed.

Decision:

Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.

I recommend that the Employer pay compensation of €500 to the Worker for the reasons outlined above.

Dated: 17th June 2022

Workplace Relations Commission Adjudication Officer: Breiffni O'Neill

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