Complainant

Respondent

Parties

Andris  Vansovics

Jordan Murray Transport Limited

Representatives

Elizaveta Donnery Donnery & Co solicitors

 The respondent did not attend and was not represented at the hearing

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00046573-001

07/10/2021

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00046573-002

07/10/2021

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00046573-003

07/10/2021

The claimant was employed as a truck driver with the respondent from the 29th.May 2020 to the 20th.August 2021 when he alleged he was unfairly dismissed without notice or procedure. He asserted the respondent was in breach of the Unfair Dismissal’s Act 1977 for effecting his dismissal without due process. The claimant asserted that he was never furnished with written terms of employment and that accordingly the respondent was in breach of the Terms of Employment (Information) Act , 1994.He alleged that he was never paid his statutory notice and that consequently the respondent was in breach of the Minimum Notice Act 1973

The claimant and the interpreter made an affirmation. The claimant gave the following evidence :

The claimant said he was dismissed without notice on the 20th.August 2021 – the letter of dismissal was submitted by his representative after the hearing. The notification advised the claimant that no abusive language, abusive tones and failure to complete his work would be tolerated and consequently he was being instantly dismissed. The claimant said he had several   discussions with his employer about excessive working hours but to no avail. He had made numerous complaints to the respondent about working up to 60 hours per week but his complaints were ignored. The employer had said he would talk about it but there was no change in the pattern of work demands. The claimant said he worked from 7.00am to 5.00p.m. and had to do a lot of work in between deliveries. He had no personal life and had little time off. The claimant acknowledged that the exchanges with his employer on the matter may have been heated but denied that they were ever abusive. He said   that he had been advised by the RSA (Road Safety Authority) that he was working excessive hours. The claimant stated that it was over 3 months before he could secure alternative employment. The claimant asserted that he had never been furnished with written terms and conditions of employment. He asserted that he was dismissed without paid notice or any investigation.

The respondent did not attend and was not represented at the hearing

Based on the uncontested evidence of the claimant, I am upholding the complaints of unfair dismissal. The claimant was dismissed without any investigation and was not afforded his rights under natural justice.   No disciplinary procedure was invoked and he was instantly dismissed.

On the basis of the uncontested evidence of the claimant and the letter of dismissal, I find that the claimant was not paid his statutory notice.

On the basis of the uncontested evidence of the claimant, I find he was not furnished with terms and conditions of employment in accordance with Section 3 of the Terms of Employment (Information) Act , 1994 and accordingly I am upholding his complaint.