Complainant

Respondent

Anonymised Parties

A Worker

A Florist

Representatives

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00046268-001

16/09/2021

The worker submits that she was dismissed without fair procedure.  The employer did not attend the hearing.

The worker commenced employment on 17 May 2021, her employment ended on 2nd September 2021 and her dispute was submitted to the WRC on 16 September 2021.

The worker submitted that her manager Mr A did not treat her well and on one occasion hit her hand as he said she was not listening and another day when the worker was sitting upstairs, he walked up to her and shouted that she should not sit in the window like a dog.

On 1st September the day before the dismissal, the worker had to wash dishes in a dish washer.  The worker submitted that she was not happy about this as they were very dirty and she did not know how to work the dishwasher and Mr A became very angry.  The worker told her employer that she did not mind cleaning but she said Mr A started yelling at her.  He wanted to know if she could work over Christmas and she advised him that she did not know that yet and that she did not know if she could continue to work in that environment.

When the worker arrived on 2nd September at 9am, Mr A stopped her from entering the shop and told her she was fired and she was very shocked and said that she should get notice.  Another manager Mr B asked Mr A to pay the worker for one hour work but Mr A refused.

The worker said that the employer told her that she was not fired but that it was her in fact who rejected an extension of her contract.  The worker denied that she rejected an extension of her contract.

The employer did not attend.  On 12th October 2021 the employer sent in an email submitting that the worker was not unfairly dismissed and submitted that the worker ended her employment of her own accord and that he did not object to an investigation of the dispute.  I am satisfied that the employer was on notice of the hearing and find the failure to attend unexplained.

The worker submits that her employment was terminated without notice on 2nd September 2021.  The employer did not attend but in an email to the WRC he denies that the worker was dismissed and submits that she resigned.

Having heard the submission of the worker and noting the non-attendance by the employer, I am satisfied that the worker and the employer did not have a good working relationship.  I find that the employer terminated the worker’s employment on 2nd September 2021 without due process and procedure. 

The worker was not in receipt of a grievance or disciplinary procedure and the process followed by the employer to dismiss the worker was not in accordance with Statutory Instrument number 146 of 2000 - Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures) (Declaration) Order, 2000.

which as per Section 3 which sets out

“In the interest of good industrial relations, grievance and disciplinary procedures should be in writing and presented in a format and language that is easily understood. Copies of the procedures should be given to all employees at the commencement of employment and should be included in employee programmes of induction and refresher training and, trade union programmes of employee representative training. All members of management, including supervisory personnel and all employee representatives should be fully aware of such procedures and adhere to their terms.”

In all the circumstances I find the dispute well founded and award the worker compensation of €450.

In all the circumstances I find the dispute well founded and award the worker compensation of €450..

Industrial relations act, dismissal,