ADJUDICATION OFFICER RECOMMENDATION
Adjudication Reference: ADJ-00045167
Parties:
| Complainant | Respondent |
Anonymised Parties | A Driver | A Courier Company |
Representatives | Self-represented | No appearance |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act 1969 | CA-00048207-007 | 17/01/2022 |
Date of Adjudication Hearing: 06/04/2023
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015and/or Section 13 of theIndustrial Relations Acts 1969 following the referral of the complaint/dispute to me by the Director General, I inquired into the complaint/dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint/dispute.
Background:
The Worker states that he was dismissed when the Supervisor told him there was no more work for him.
Summary of Worker’s Case:
The Worker is a Romanian National. He worked for the Employer from 27 November 2021 to 12 January 2022. He stated that he was told there was no more work for him and no other reason was given. He finished up work on 12 January 2022 and got another job on 19 January 2022.
Summary of Employer’s Case:
The Employer was notified of the arrangements for the hearing but did not attend.
Findings and Conclusions:
The Worker’s contention that he was dismissed without reason except that there was no more work for him was uncontested as the Employer did not attend the hearing. Section 13 of the Industrial Relations Act 1969 requires that a recommendation is made to the dispute. Because the Employer did not attend the hearing or provide any information in relation to the matter, I find that in the circumstances where the Worker was summarily dismissed without due process or apparent valid reason, he was unfairly dismissed. I note his very short service and I recommend that he be compensated in the sum of €250.
Recommendation:
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute. I recommend that the Worker be given a compensatory sum of €250 for his dismissal on the grounds that no due process was followed.
Dated: 28th June 2023
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words: Unfair dismissal, no due process