ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00043463
Parties:
| Complainant | Respondent |
Parties | Vasily Kuznecovs | Tranz Iberia Express Ltd |
Representatives |
| Warren Parkes Solicitors |
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00054189-001 | 19/12/2022 |
Date of Adjudication Hearing: 07/06/2023
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Procedure:
In accordance with Section 8 of the Unfair Dismissals Acts, 1977 – 2015following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020 which designated the Workplace Relations Commission as a body empowered to hold remote hearings. Witnesses were sworn in at the commencement of the hearing.
Summary of Complainant’s Case:
The complainant commenced employment as a truck driver with the respondent company on 3 October 2019. The complainant states that he was unfairly dismissed by the respondent on 26 October 2022. He states that the issue that led to his dismissal was not his fault but was due to delays as a result of bad weather and cancellations of ferries in the week in question. The complainant states that as a result of delays, he arrived to the port of Cherbourg, France five minutes after the check-in desk had closed and missed the ferry. The complainant states that the respondent blamed the complainant and informed him that he no longer had a job with the company. The complainant states that he sourced employment with another transport company two days later on 28 October 2022. |
Summary of Respondent’s Case:
The respondent did not furnish any written submissions but gave an oral submission at the hearing to state that the respondent notes that the complainant got another role within two days of his employment with the company ending. |
Findings and Conclusions:
Based on the evidence heard, I find that the within complaint is well-founded and that the complainant was unfairly dismissed by the respondent. I note that the complainant sourced alternative employment within two days of his termination of employment. On that basis I award the complainant 4 weeks pay which is just and equitable in all of the circumstances. I note the complainant’s net pay was €940, therefore I award the complainant financial compensation of €3760. |
Decision:
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
I find that the complainant was unfairly dismissed. I award the complainant financial compensation of €3760. |
Dated: 03-07-2023
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Key Words:
Unfair Dismissals Acts |