Complainant

Respondent

Anonymised Parties

A Worker

An Employer

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00047269-001

19/11/2021

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00047269-005

19/11/2021

The Complainant withdrew his claim under CA 47269 -005

CA 47269 – 001

The Complainant alleges that he was unfairly dismissed from his employment with the Respondent. He just received a call one day saying that he was being terminated. No procedures were followed and he was not given an opportunity to defend himself. He believes he was dismissed because he raised a question about pay parity.

The Complainant was coming to the end of his three months probationary period. He felt that he was doing well as he had not received any complaints or warnings.

CA 47269 -001

There had been several complaints about the Complainant’s work, in particular the pace at which he worked. Several other workers were delayed in carrying out their roles because they had to wait on the Complainant. He was spoken to several times about the pace at which he worked and the knock- on effect it was having on the other staff.

The Complainant had a six months probationary period, not three as stated by him. He was dismissed within that period for poor performance.

The Complainant commenced working for the Respondent on the 27.09.2021. His employment was terminated on the 15.11.2021. The Complainant alleges that there was a three months probationary period in his contract. The Respondent states that it was six months. The Complainant’s employment was terminated in the second month of his employment, so nothing turns on whether the probationary period of three or six months.

The Complainant alleges that no procedures were following rendering his dismissal unfair. In the recent Court of Appeal decision in O’ Donovan v Over-C Technology the Court stated:

“…During a period of probation, both parties are – and must be – free to terminate the contract of employment for no reason, or simply because one party forms the view that the intended employment is, for whatever reason, not something with which they wish to continue”.

In relation to fair procedures, the Court stated that “…If an employer has a contractual right – in this case a clear express right – to dismiss an employee on notice without giving any reason, the court cannot imply a term that the dismissal may only take place if fair procedures have been afforded to the employee, save where the employee is dismissed for misconduct.” The Court explained that “…There is no suggestion that the principles of natural justice must be applied where an employer terminates the employment contract of an employee on the grounds of poor performance.”

I am satisfied that the Complainant’s employment was terminated due to his poor performance and that he had been warned about that prior to the dismissal. I am further satisfied that as a result of that, the Respondent was under no obligation to follow the normal procedures. They were within their rights to simply terminate the agreement.

According, the complaint fails, and I am not making any recommendation in the circumstances. 

The complaint fails. For the reasons set out above, I am not making any recommendation.