LCR22678

1.Appeal Of Adjudication Officer Decision No(S)ADJ-00033212 CA-00043978-001


BACKGROUND:

2.This is an appeal by a Worker of the Decision of an Adjudication Officer. The issues in dispute between the parties relates to improper use of CCTV by the Employer and the dismissal of the Worker without any process. The Adjudication Officer upheld the complaint and awarded compensation of €5,000. The Employer advised the Court that they would not be attending the hearing. The Worker sated that he was appealing as the Employer would not implement the Adjudication Officers recommendation.

• The Worker commenced work with this employer on the 14^thJanuary 2020. He was employed on a part-time basis (16 hours) and his hourly rate of pay was €11.50. he was dismissed on the 8^thMay 2020.

  The Worker stated that there were a couple of interactions with his line manager that he was unhappy about and that he had tried to raise these issues with her. In particular she was using the CCTV camera’s / footage to monitor his work and that was not provided for in his terms and conditions of employment. He also raised the volume of work that he was expected to complete on night duty and the fact that if the shop was busy he did not always have time to complete all the tasks. The Worker stated that other night shift Workers had the same issue. He stated that he had never missed a shift or arrived late.

  On the 8^thMay 2020 his line manager arrived in as he was finishing his shift and was very confrontational. He handed her a note that she had asked him to write about the difficulties he had with the clocking in system. At that point she snapped at him and told he was finished. She then asked if he would do that nights shift as his last shift which he declined to do. This all happened in the store in front of customers.

The Decision of the Adjudication officer is upheld.

The Court so decides.

	Signed on behalf of the Labour Court
	Louise O'Donnell
NCL	______________________
14 November 2022	Deputy Chairman