Worker

Employer

Anonymised Parties

Site operative

Building Contractor

Representatives

  Self

 Self

Act

Dispute Reference No.

Date of Receipt

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

CA-00057122

10/05/2022

This dispute relates to the dismissal of a worker on 19/11/2011. As the worker did not have 12-month service, the dispute was dealt with under the Industrial Relations Acts.  The worker was employed by the employer from 24/05/2021 until 19/11/2021 and was paid €14.00 per hour and worked a 39-hour week.

The worker commenced employment with the employer on 24/05/2023 on one of the employer’s sites.  He had a number of issues in relation to his terms and conditions of employment.  He also had an issue with some safety matters and made a complaint to the Health and Safety Authority.     On 19/11/2021 he was told that he was being dismissed and given one week’s notice in writing.  The worker submits that he had no warnings, no meetings in relation to his performance and was not aware that his employment was to be terminated until he received the notice.  He submits that this was unfair, and it had a detrimental effect on his health.  He did not work the weeks’ notice as he was under the care of his GP, and he remains on illness benefit.

The Employer submits that the Worker received his one weeks’ notice in relation to his dismissal.  he issued the worker with his notice as the working relationship had broken down and the worker was still on probation.  The employer believes that it was entitled to exercise its right to terminate the workers employment during that period.  The worker was given his notice in line with his statutory entitlement.

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

There is no submission that the worker was notified in advance of 19/11/2021 that his employment was at risk. Neither was there a submission which contended that the employer had a procedure as set out in any disciplinary procedure and that this was followed before arriving at a decision to terminate the worker’s employment. There was no opportunity provided to the worker to know of any issues prior to the termination of his employment on the 19/11/2021.

Whenever a worker, including a worker who is on probation, is at risk of the loss of his or her job, it is incumbent on the employer to make the worker aware of the situation and of the reasons. In addition, where the issue arises from the conduct or performance of the worker, he or she should be afforded an opportunity to address the decision maker in his or her defence.

An employer is entitled to terminate employment during probation where the worker is not achieving the standard required.  However, fairness and best practice require that a worker should be made aware of any under performance and be given an opportunity to improve during the probation period.  In this case the worker was not told of any underperformance and was told that his employment was to cease.

I am satisfied that the worker was not made aware of any underperformance during his probation period.  If there were issues with his performance, he was not given a fair or any opportunity to improve.  The worker was not made aware that some of the issues which he highlighted were of such magnitude that his employment relationship was compromised to the extent that the employer would terminate his employment.  The worker was not invited to attend any meeting to discuss or be informed of any issues of concern.

I am also satisfied that the worker made a contribution to his dismissal by not utilising internal procedures in relation to health and safety matters prior to engaging with the statutory authority.  The worker also confirmed that he is not available for work since his dismissal and therefore any compensation has to take account of these two circumstances.

Taking into account all the circumstances of this case I am recommending that the employer pay the worker the sum of €546.00 in full and final settlement of this dispute.

Unfair dismissal.  Fair procedures.