ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00037701
Parties:
| Worker | Employer |
Anonymised Parties | A Sales Assistant | A large Homeware & DIY Store- |
Dispute
Act | Dispute Reference No. | Date of Receipt |
Section 13 of the Industrial Relations Acts 1969 | CA-00049055 | 08/03/2022 |
Date of Adjudication Hearing: 19/09/2022
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In Section 13 of the Industrial Relations Acts 1969following 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.
Background:
The Dispute concerned the alleged intemperate and inappropriate behaviour of a Manager towards the Worker in late 2021, her very off hand treatment following an alleged accident at work in December 2021 and the alleged unexplained ending of the Worker’s Employment in January 2022. The Worker was employed as a Sales Assistant since the 16th October 2021 until the 11th of January 2022. She had formerly been an employee in 2018/2019. The Rate of Pay was stated to be €800 net monthly for a 20-hour week. |
1: Summary of Worker’s Case:
The Worker, a former employee, had returned to the Store in October 2021. She was a very experienced worker and had no issues. However, on the 27th October a special Senior Management visit was scheduled. Her immediate Manager Mr. M had come in from his holidays. There was an issue with the Manager regarding new Name Badges which had escalated into a very direct verbal outburst, with rough language , from Mr.M. The Worker was shocked an upset to be spoken to in this manner. She had raised the issue with Ms O’H -the Ops Manager and HR in the UK. She was assured that it was being addressed. There was little evidence of this, and Mr M was very off hand with her in the weeks following. He also began, after this, questioning other staff about the Workers ability & performance. This was completely unwarranted as the Worker was very experienced both in the Company and Retail generally. In December 2021 the Worker had a Work Accident that necessitated her taking time out. The Manager Mr M did not contact her to enquire regarding her welfare and basically ignored her. On the 2nd January 2022 she received a curt note from Mr M ending her “Temporary Employment”. No procedures were followed, and no form of direct communications took place. It was completely unfair. |
2: Summary of Employer’s Case:
The legal firm Michelmores represented the Employer. As this was a dispute under the Industrial Relations Act,1969 with a non-binding recommendation being the outcome, the Employer had made a respectful decision not to participate in proceedings. |
3; Findings and Conclusions:
The Worker attended the Hearing. She gave reasoned credible evidence. It was of note her observation, based on her experiences working in Retail generally, that the Employer Management at Store level in the Company were quite inexperienced in “People Matters”. In the absence of any Employer mitigating evidence I have, on the balance of probabilities, to find in the Worker’s favour. Accordingly, a Recommendation for A Lump Sum of €500 to be paid to her in lieu of the Manager’s alleged behaviours A Lump Sum of €800, one month’s pay, to be paid as compensation for her Dismissal will be made.
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4: Recommendation:
C A-00049055
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute. It is set out below.
- A Lump Sum of €500 compensation to be paid to the Worker, in lieu of the Manager’s alleged inappropriate behaviours
- A Lump Sum of €800, one month’s pay, to be paid to the Worker, as compensation for her Dismissal
- Senior Management of the Employer review /update their Training Programmes for Store Managers/Supervisors in the entire HR People Management area.
Dated: 20-01-2023
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Dismissal, Bad Management behaviour. |