ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00034409
Parties:
| Worker | Respondent |
Anonymised Parties | A Shop Assistant | A Newsagent |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00045407-001 | 28/07/2021 |
Date of Adjudication Hearing: 01/09/2022
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969 following 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.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
The parties and the witnesses were all courteous to me and the hearing process.
Background:
The Worker commenced working for the Employer in August 2020. Her employment ended on the 19 July 2021.
She worked as a shop assistant. Her mother was friends with the owner of the newsagents. Her mother worked in a pharmacy but had worked in the newsagents for 14 years with the owner.
The worker was 19 years of age when her employment was terminated. She worked to 20 a week and received a payment of €202 gross.
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Summary of Worker’s Case:
The Worker was not working on the 9 July 2021. She was out on sick leave. Her mother and father went for a Covid test that day as her mother had received notification that a colleague at her work had tested positive for Covid 19. The Worker's parents received a positive test result for a Covid 19 on the 10 July 2021. The Worker told the shop owner of her family test results. She went for a Covid test on the 11 July 2021. This test result was negative. The worker isolated with her family in accordance with the Covid 19 guidelines. The Worker's employment was terminated without notice on the 19 July 2021. The reason given was that the Covid situation had been handled badly. |
Summary of Employer’s Case:
The shop owner's husband explained that his wife was a cancer patient who had had a recent health scare which required her hospitalisation. They felt that the notification to them of the positive Covid situation was handled badly by the worker and her family. He had a heated exchange with the workers mother on the phone. They didn't know if the worker was a close contact or not. They did not wish to put anybody (staff or customers) at risk of contracting Covid 19. They were very annoyed and angry and could not believe that the worker had not told them earlier that her parents were going for a Covid 19 test. |
Findings and Conclusions:
This is an unfair dismissal claim but as the worker has less than 12 months service it is dealt with under the Industrial Relations Act. My role is not to decide legal rights but to make a recommendation on how this dispute should be resolved in the interest of fairness between the parties. The Employer acknowledged that there were no workplace procedures followed in the decision made to terminate the worker's employment. While I understand that the Employer had serious health issues and was undergoing treatment for cancer at the time, emotions were running very high and as a result of the fallout between the parties, a lifelong friendship has ended. Taking all the evidence into account, I don't accept that the worker was reckless in her dealings with her employers as regards her parent’s contraction of Covid 19. It was a difficult time for everybody and unless the Employer had set out clearly to all staff in writing what procedures they required to be followed, it was impossible for the worker to know what was required of her. It was unfair for the worker to lose her job in the circumstances. |
Decision:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I accept the worker's case and recommend that the employers pay to the worker €850.00 as compensation. |
Dated: 18-10-22
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
Industrial relations. Termination of employment with less than one year service. |