Worker

Employer

Anonymised Parties

Worker

Employer

Representatives

  N/A

IBEC

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC – 00000502-001

28/07/2022

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act

IR - SC – 00000502-002

28/07/2022

On 30 August 2021, the Worker commenced work with the Employer in one of its stores, as a Customer Delivery Driver. According to his contract of employment, the Worker earned approximately €14.62 gross per hour, working 30-35 hours per week. This came to approximately €512 gross per week. The Worker’s employment terminated in early February 2022.

The Worker outlined that he was unfairly dismissed. The Worker outlined numerous grievances and concerns in the run up to, and around the time of, his dismissal. The Worker further outlined that he has a dispute relating to disciplinary sanctions up to and including his dismissal. In the Complaint Form, there is considerable overlap between the two disputes.

On 28 July 2022, the Worker submitted his Complaint Form to the Workplace Relations Commission (the “WRC”).

The Employer denies the allegations in their entirety.

The Worker provided detailed written and oral submissions.

In his Complaint Form, the Worker submitted that he worked for the Employer from August 2021 until February 2022. He submitted that during that time, he was one of the best-rated drivers, according to a team leader. He submitted that he was fitting in well and that he was “excited to remain there for a long time”.

IR-SC-00000402-001 – Complaint under section 13 of the Industrial Relations Act 1969, as amended – Unfair Dismissal:

The Worker outlined that at the end of January 2022, he was dismissed by his Line Manager without due process. He submitted that he was “ambushed”.  In his submissions, the Worker outlined that following some inter-personal grievances with his Line Manager, he was dismissed with one week’s notice, during a five-minute meeting. The Worker took issue with a number of matters in the run up to, and around the time of, his dismissal, outlining, inter alia, the following allegations:

·          His concerns regarding the cleaning of vans were allegedly ignored;

·          His concerns regarding a road-rage incident was not properly handled;

·          He took issue with using “Whatsapp” on his personal phone for work-related communications;

·          He submitted that he was poorly treated by his Line Manager who was allegedly aggressive with him and intimidated him. In this regard, he outlined details of alleged inter-personal conflicts;

·          He submitted that he was dismissed without notice, witnesses, representatives, or the right of appeal;

·          He submitted that he was not provided with all relevant documentation and that some of the Employer’s evidence against him was falsified and that documents were “misdated”; and

·          He had passed his probation period, prior to being dismissed and his contract was incorrectly cited as “temporary”.

IR-SC-00000402-002 – Complaint under section 13 of the Industrial Relations Act 1969, as amended – Dispute relating to disciplinary sanctions up to and including dismissal:

The Worker took issue with numerous matters, outlining in addition to those listed above, the following allegations:

·          He was encouraged not to take a full lunch break on a busy 10 hour day;

·          There was a lack of clarity around the dates of his probation period;

·          He had no review meetings with management to formally review his work; and

·          He was not made aware of areas for improvement during his probation period.

The Worker outlined that this experience has impacted upon his mental health. He further outlined that he has not worked full-time since this employment.

The Employer provided detailed written and oral submissions.

IR-SC-00000402-001 – Complaint under section 13 of the Industrial Relations Act 1969, as amended – Unfair Dismissal:

The Employer outlined that the Worker’s performance was managed during his probation. The Employer outlined that the Worker had several meetings with his Line Manager, including two review meetings in November and December 2021 and that he had his probation period extended due to “performance issues”. The Employer provided records of these meetings. The Employer outlined that the Worker’s performance did not improve and that he was dismissed as he had not successfully completed his probation period. The Employer outlined that the Worker never received notification in writing that he had passed his probation.

IR-SC-00000402-002 – Complaint under section 13 of the Industrial Relations Act 1969, as amended – Dispute relating to disciplinary sanctions up to and including dismissal:

The Employer referred to O’Donovan v. Over C Technology Limited, [2021] IECA 37. The Employer outlined that the probationary period is essentially a “trial period” for both employers and employees and either party should be free to terminate the contract during that period by issuing notice.

The Employer further submitted that the Worker was not subjected to the disciplinary procedure and there were no disciplinary sanctions on file. As such, the Employer outlines that the Worker’s dispute regarding disciplinary sanctions up to and including dismissal is without warrant. 

In conducting my investigation, I have taken into account all relevant submissions presented to me by the Parties.

IR-SC-00000402-001 – Complaint under section 13 of the Industrial Relations Act 1969, as amended – Unfair Dismissal:

The Worker alleges that his dismissal was unfair as no fair procedures were followed. While the Worker’s probation period was extended due to “performance issues”, the Worker believed that he had passed his probation period, prior to being dismissed.

I note that the Worker’s contract of employment states (with my own emphasis):

“A probationary period of 13 weeks will apply from the commencement of your employment. This allows you time to familiarise yourself with your new job and it gives us time to assess your performance. If any aspect of your work is not up to standard, management will advise you and give you time to improve. During the 13 weeks your probationary period may be extended by a further 4 weeks in writing to allow for additional training/assessment where necessary. If however, management considers that you are unsuited to the Company’s requirements and that your appointment will not be successful, your employment will be terminated during the course of or at the end of your probationary period.”

The Worker commenced work on 30 August 2021. 13 weeks brings him to 29 November 2021. A further four weeks, for a probation period extension, brings him to 27 December 2021. The Worker received his notice at the end of January 2022 – some three to four weeks after his probation period had ended, in accordance with his contract of employment. It therefore appears that the Worker’s probation period had ended, prior to his dismissal.

Moreover, on the evidence, it appears that the Worker was dismissed without regard to due process during a five-minute meeting, following a series of inter-personal conflicts with his Line Manager.

In the circumstances, I must conclude that the Worker’s dismissal at the end of January 2022 was unfair and without due regard for fair procedures. In particular I note that the Worker was not afforded fair procedures in accordance with the Code of Practice on Grievance and Disciplinary Procedures (S.I. 146 of 2000).

Therefore, I find in favour of the Worker. I recommend that the Employer pays the Worker €2,200 (approximately one month’s gross salary) in compensation.

IR-SC-00000402-002 – Complaint under section 13 of the Industrial Relations Act 1969, as amended – Dispute relating to disciplinary sanctions up to and including dismissal:

The Employer outlined that the Worker’s performance was managed pursuant to the probation process and that there were no disciplinary sanctions on file. I also note that in the Complaint Form, there is considerable overlap between the Worker’s two disputes IR-SC-00000402-001 and IR-SC-00000402-002. To this end, I note that I have considered the unfair dismissal matter above. In the circumstances, I find that this dispute is without merit. I make no recommendation in favour of the Worker.

Industrial Relation Act 1969, Unfair Dismissal, Disciplinary Sanctions.